LAWS(PAT)-2002-7-64

DHARAM SHILA KUER Vs. STATE OF BIHAR

Decided On July 01, 2002
Dharam Shila Kuer Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) DEATH is known as the great leveller and equaliser. But the petitioner in this case makes the allegation that the State Government treats unequally the dependents of persons killed in terrorist extremist/caste related attacks and in grant ing compensation discriminates among the dependents of those killed in different episodes on grounds of caste, political affiliations and such other considerations.

(2.) THE petitioner is the widow of Jangar Dhari Rai of village Narhi under Sahar P.S. in the district of Bhojpur. Her husband, along with eight others, was killed when, according to the case of the petitioner, a group of activists of C.P.I. (M.L.) attacked the village on 5.5.1996 at about 3 P.M.The details concerning the occurrence were stated in two F.I.Rs. giving rise to Sahat RS. Case Nos. 59 and 60 of 1996. The F.I.R. of case No. 59 of 1996 is at Annexure 1 to the writ petition from which it appears that this case was instituted on the basis of the fard -e -beyan of Sheoji Rai who is a cousin (Chachera Bhai) of the deceased Jangal Dhari Rai. In his fard -e -bayan Sheoji Rai stated that the Narhi occurrence was what may be described as 'avenge killing ' by the activists of C.P.I. (M.L.); on 22.4.96, five persons belonging to C.P.I. (M.L.) were killed by some persons in village Naunar and it was in order to avenge the Naunar killings that the activists of C.P.I. (M.L.) attacked village Narhi and killed nine persons.

(3.) THIS writ petition was filed on 2.7.1997 and till that time nothing was paid to the petitioner as compensation for the killing of her husband. In the writ petition following instances were cited in which dependents of persons killed in similar carnages were granted large sums and/ or Government employment as compensation for the killing of a member of the family :