Excelsior Correspondent
Srinagar, Sept 19: The High Court has closed the PIL on compensation to victims of cross border firing and violence after the Government counsel made the statement that the same is in active consideration and the process will be completed within two months.
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The Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal closed the PIL filed by Uri Foundation Lagama, Uri with regard to the Central Scheme for Assistance to Civilian Victims, Family of Victims of Terrorist, Communal, Left Wing Extremism (LWE) Violence and Cross Border Firing and IED Blasts on Indian Territory.
“In the wake of the position sketched out above and in terms of the statements made by the learned counsel for the parties, the proceedings in the present petition are closed. The petition is, accordingly, disposed of in terms of the statements made by learned counsel for the parties”, the DB said.
The court, however, directed the Government to ensure that the necessary affidavit in this behalf be filed within the stipulated time before the court. The Senior Counsel for the respondents submitted that the matter is under active consideration of the concerned authorities and the necessary orders would be passed/ issued within two months from today. And, at any rate, he submitted that respondents shall also file an affidavit in this regard within three days from today.
The counsel appearing for Government at the very threshold stated that the Government will finalize the compensation within the period of 2 months and file an affidavit in that regard indicating there-in the identifying victims whose grievances were yet to be addressed or who had not been compensated despite eligibility.
Appearing for the Government, Senior Advocate Mohsin Qadiri, Sr. AAG informed the Court that a list of 71 civilian victims mentioned in the petition is under process for consideration. Out of these, 61 cases have been referred to the Chief Medical Officer, Baramulla for disability assessment by a Medical Board so that the cases may be placed before the Union Home Ministry for relaxation under Clause 4(xii) of the Scheme as many were time-barred.
He added that 10 victims have since passed away, but their cases are also being considered for forwarding to the Home Department. 32 cases were found ineligible, as the deaths or injuries were caused by firing practice, which is not covered under the Scheme.
The petitioner counsel with this position submitted that the petition had substantially served its purpose but requested the Court to direct authorities to conclude the process within a fixed timeframe.
Accepting this request, the Bench recorded the statement of the Government that the necessary orders would be passed within two months and an affidavit confirming progress would be filed within three days. Accordingly, the Court disposed of the PIL, directing the respondents to act as per their assurances.
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