MOHAMMAD ABDULLAH LONE Vs. STATE OF J&K

JUDGEMENT

(1.) By issuance of a writ of Certiorari, the petitioner seeks quashment of order No. DCK/LS/649-53 dated 28-08-2012, passed by respondent No. 3 - Deputy Commissioner, Kupwara, vide which his claim for the grant of ex gratia relief in terms of SRO 43 of 1994 as also employment in any Government Department, to his son, has been rejected. The petitioner has submitted that his daughter, Mst. Mehmooda Bano, fell unconscious due to neurogenic shock and fear psychosis, because of the exchange of fire between the militants and the security forces near her home, during the intervening night of 20-11-2001, as a consequence of which she died on 04-04-2002. It is further stated in the writ petition that immediately after the incident of firing, the daughter of the petitioner was evacuated to the Primary Health Centre Magam, wherefrom, she was referred to the District Hospital, Handwara. However, due to her critical condition, it was decided to take her to Sheri Kashmir Institute of Medical Sciences (SKIMS), Soura, Srinagar, but fate had it for her that she died on her way to the said Institute. To substantiate this contention of his, the petitioner has attached the certificates issued by Medical Officer, SDH Magam, Block Medical Officer, Kupwara and Medical Superintendent District Hospital, Handwara, to the writ petition. It is further pleaded in the writ petition that after the death of his daughter, the petitioner approached the respondents for grant of ex gratia relief in his favour. The Incharge Police Post, Magam, supported the case of the petitioner and informed the concerned authorities that during the intervening night of 20-11-2011, the daughter of the petitioner fell unconscious because of the firing in the area and thereafter she died.

(2.) The petitioner has proceeded to state that the respondent No.5 - SHO, P/S Handwara, vide his communication dated 19-01-2012, informed the SDPO, Handwara, about the death of his daughter, which took place due to the firing of gun shots in the area on 20-11-2001. However, the SDPO, Handwara, erroneously, informed the respondent No.4 - Superintendent of police, Handwara, that as per the records of the police station, Handwara, no firing incident report/FIR or any injury report has been entered on 20-11-2001. Besides this, he also informed the respondent No.4 that the death of the daughter of the petitioner occurred after a gap of more than four months from the alleged date of the exchange of firing, i.e. 20-11-2011. The petitioner has further submitted that the information given by the village Lumberdar/Sarpanch/Guard, that the firing incident took place during the intervening night of 20-11-2001, was ignored by the respondents and no exgratia relief was granted in his favour. It is also pleaded in the writ petition that the victim of the unfortunate incident, who was a student of 12th class, breathed her last because she got frightened due to the exchange of fire between the militants and the security forces that took place in contiguity to her house.

(3.) The petitioner has further pleaded that when his repeated requests for grant of ex-gratia relief, were rejected, he was constrained to file the writ petition bearing No. SWP 2428/2011, which was disposed of vide order dated 24-04- 2012 of this Court, with the direction to the respondents therein to accord consideration to the release of ex gratia relief in his favour. However, the order of the Court was not complied with and he filed a contempt petition No. 587/2012. The respondents were put on notice. They filed the Statement of Facts in which they pleaded that as per records of the police station, Handwara, no firing incident report or injury report was entered on 20-11-2001. The Court, while giving liberty to the petitioner to work out available remedy against the order of rejection, dismissed the contempt petition.