LAWS(J&K)-2012-5-51

STATE OF J&K Vs. TARIQ AHMAD WANI

Decided On May 09, 2012
STATE OF JANDK Appellant
V/S
Tariq Ahmad Wani Respondents

JUDGEMENT

(1.) Manzoor Ahmad Wani S/o Ghulam Qadir Wani R/o Yamrach Tehsil Kulgam lost his life in a bomb explosion on 3rd March, 2000 near Surhind District Fatehgarh Punjab, when he was travelling from Jammu to Delhi.

(2.) The question arose as to whether the benefit of Jammu & Kashmir (Compas sionate Appointment) Rules, 1994 is extendable to the family members of a person who dies in militancy related incident outside the State of Jammu & Kashmir.

(3.) To say that the benefit of said Rules is extendable only to the persons who die in militancy related incidents in the State of Jammu & Kashmir, shall be contrary to the very scheme and object of the Rules. The family of the deceased, who though lost his life outside the State of Jammu & Kashmir, cannot be deprived of the benefit of said Rules when the Rules essentially have the object of saving the family of the deceased from the state of distress and uncertainty.