Excelsior Correspondent
SRINAGAR, June 30: Jammu and Kashmir High Court today raised serious objection over fixing of cut of date on 2010 killings allegedly by security forces in Kashmir valley and directed the State Government to provide ex-gratia relief to families of the victims who have been excluded by putting the cut of date.
A Division Bench Comprising Chief Justice MM Kumar and Justice Hasnain Masoodi directed the Government that the cases are required to be segregated and ex-gratia be granted to all those who were killed between January 2010 to December 2010.
The Bench directed: “In view of the opinion expressed by us in various orders and in present order as well the cases are required to be segregated by granting ex-gratia to those who have been killed between January 2010 to December 2010, excluding the period of June 2010 to September 2010.
During the proceeding, the court asked the Government through its Additional Advocate General, Reyaz Khan (AAG) about the sanctity of this cut of date and 11 persons have been left out and deprived of ex-gratia. “Who has decided this cut of date,” added the Bench.
Showkat Makroo (ASGI), counsel representing the centre, submitted before the court: “We approached the State Government with regard to those 11 persons for providing their details and consent but they did not response till date.”
“Why you want to deprive your own people?” court asked the Government through AAG.
The Government has fixed the unrest period from June 2010 to September 2010 and an ex-gratia of Rs 5 lakh has been provided by the Central Government and it has been disbursed to 102 victim families.
Court further said that the exclusion of some period from the disturbance would not be sustainable because there is no reasonable nexus with the object sought to be achieved by fixing the cut of date (June, 2010 to September, 2010).
The Bench further said that it has come on record that civil disturbances were reported throughout the year 2010. “Therefore, the case needs to be considered adding that it would not mean that cases would also be considered who have not died due to civil disturbance”, court observed.
The court expressed his serious concern over filing of status report by under-secretary Home Department as the same could have been filed by the officer not below the rank of Deputy Secretary as per the business rules and warned the State for future by adopting such type of practice.
“We have in earlier proceedings raised objection to filing status report by undersecretary, however, that has not been taken seriously. Learned AAG is at pains to explain to us that it is a fair mistake and in future shall not be repeated,” the court said.
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