Excelsior Correspondent
Srinagar, May 24: The Division Bench of High Court has directed the Commissioner Secretary General Administration Department to deposit the compensation amount granted to the victim by the Court within weeks time or remain present before the court.
Court was hearing contempt petition filed by one Ashiq Hussain Farash a victim of cross firing about 25 years ago, seeking implementation of judgment of the Court in which State Government was directed to grant him ex-gratia relief.
Deputy Commissioner Srinagar was present in the Court and was asked by the Court why the amount of compensation has not been provided to the victim as the court has ordered for it way back in December last year.
Court has been informed by the State counsel that the amount has not been sanctioned. “Who has to sanction it”, division bench of Chief Justice Badar Durez Ahmad and Justice Ali Mohammad Magrey asked to the counsel. The Counsel submitted before the bench that it is General Administration Department.
“Commissioner Secretary to deposit Rs 5 lakhs before the court within a week and, in default, he shall remain present before the court”, CJ and Justice Magrey directed.
Farash hailing from Harwan out skirts of Srinagar who became victim of cross firing in December 1990 in Lal Chowk area left him disabled claimed ex-gratia of Rs 20 lakhs and appointment as Class IV in Government department.
Petitioner, who has rejected the claim of ex-gratia by the authorities in November 2011 compelled him to knock the doors of High Court by challenging the communication whereby his claim was rejected.
Court whiling allowing his basic writ petition said the authorities have failed to response the claims contained in the writ petition despite various opportunities granted by the court but no reply has been chosen to file by the authorities.
Writ court underscored the basic human rights recognized by the constitutional provisions contained in Part III of the Constitution of India and said that it becomes duty of the respondent – State to protect life, liberty and property of its citizens and held that it becomes the duty of respondent-State to adequately compensate the petitioner because of the action of the respondent – State, the guarantee, contained in article 21 of the Constitution of India.
The petitioner, in his writ petition, pleaded that he belonged to a poor family and was the only source of livelihood for his family having no landed estate or any other source of income. It is his case that he was hit by a bullet and in essence, he was caught in cross firing between the security forces and militants. It is also pleaded that the petitioner sustained serious injuries and was admitted in SKIMS, Soura, Srinagar, under MRD No. 74594 and a medical case of bullet injury on right side of chest and right upper arm was registered on 31st December, 1990. The petitioner was discharged on 10th January, 1991 and was advised treatment at AIIMS, New Delhi.
It is also pleaded by the petitioner counsel that because of poverty, the petitioner could not undergo further treatment at AIIMS, New Delhi, which resulted in loss of movement of his right arm and right hand, thus, rendering him handicapped for whole of his life as such is not in a position to make his both ends meet.
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