Excelsior Correspondent
SRINAGAR, Sept 9: Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Hasnain Masoodi today dismissed the LPA filed by the Home Secretary and DGP against the judgment of Writ Court with the direction to the State to pay compensation of Rs 4 lakh each to the petitioners, whose family persons were killed in the BSF firing in 1993.
On October 22, 1993, about 32 persons were killed and several others sustained injuries in firing by the BSF personnel on the protesters at Bijbehara. Accordingly, the then State Government ordered magisterial inquiry during which BSF personnel were found involved in the case.
The State Government sanctioned ex-gratia relief of Rs one lakh in favour of next of the kin of the deceased vide order No.Divcom/Relief-257 of 1993 dated 27.12.1993. In the magisterial inquiry report, which was submitted to the State Government on 13.11.1993, dismissal of accused persons was recommended. The magisterial inquiry report was not disputed by the BSF or the police authorities.
When the amount of compensation was challenged, High Court, while considering the compensation claim of the petitioners in light of the judgments of Supreme Court, ordered the State Government to pay a sum of Rs 4 lakh to each petitioner for the loss of life of their close relatives/ dependants.
However, the order of the Single Judge was challenged in the Division Bench, which has observed, “the State Government is not disputing the incident resulting into killing of 31 persons. The State Government ordered magisterial inquiry and in the inquiry report adverse inference has been drawn against the BSF personnel and based on it, the State Government has also sought for sanction to prosecute the BSF personnel”.
“A criminal case was also registered and the same is in progress. Thus, the fact about the killing of 31 persons is not disputed. The State Government has also paid a sum of Rs 1 lakh each to the kin of the deceased persons as ex-gratia relief. The petitioners had prayed for payment of Rs 50 lakh to each of the petitioners being the legal heirs of the deceased persons. The Single Judge has gone into the qualification and the earning of each of the deceased persons and quantified the compensation payable at Rs 4 lakh to each petitioner apart from the ex-gratia relief of Rs 1 lakh already paid”, the DB said.
“The appeal preferred by the State Government disputing the liability to pay the amount and seeking direction against the Central Government to pay the amount as ordered by the Single Judge cannot be sustained”, the DB said, adding “AAG, produced a cheque for a sum of Rs 31 lakh drawn in favour of the Registrar Judicial of this court. The same shall be deposited with the Registry and the Registry shall release the amount in favour of the petitioners equally—Rs 1 lakh to each petitioner”.
“The remaining amount of Rs 93 lakh shall be deposited by the appellants with the Registrar Judicial of this court within three months from today and on such deposit, Registrar Judicial shall release the same at the rate of Rs 3 lakh to each writ petitioner”, the DB directed.
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