HC closes PIL on aid to cross-border firing victims

Srinagar, Sep 19: The High Court of J&K and Ladakh on Friday closed a Public Interest Litigation (PIL) related to the central scheme aimed at providing assistance to civilian victims and families affected by cross-border firing and mine blasts in J&K.

A division bench of Chief Justice Arun Palli and Justice Rajnesh Oswal closed the PIL after counsel for Uri Foundation Lagama Uri said that the plea had substantially served its purpose and should be disposed of in terms of the statement made by the senior counsel for the respondents (authorities).

In 2021, the foundation had petitioned the court seeking its intervention for assistance to the victims.

The court observed that the matter had been pending since 2021 and that the authorities furnished affidavits showing compliance with orders passed from time to time.

In its order passed on September 2 this year, the court had directed authorities to furnish a specific affidavit regarding the victims whose concerns and grievances were yet to be addressed or had not been paid compensation despite being eligible.

While the court noted that no such affidavit was filed, it said that the Senior AAG, Mohsin Qadri on behalf of the government submitted that in keeping with the court directive, process for consideration of assistance to 71 civilian victims mentioned in the petition was under consideration in terms of revised guidelines of central scheme for assistance to civilian victims, family of victims of terrorism, leftwing extremism (LWE) violence, cross border firing, and IED blasts.

Moreover, the Senior AAG submitted that 61 cases out of the 71 had been forwarded to the Chief Medical Officer, Baramulla, to be placed before the Medical Board to ascertain the percentage of disability of each of the individuals.

The AAG said that a direction had been issued to the concerned to promptly submit the report so that the same could be forwarded to the Home Department for according relaxation by the central government in terms of Clause 4(xii) of the revised guidelines, for those cases that are time-barred.

Apart from this, the AAG submitted that 10 victims had passed away, but even their cases were being examined and would be forwarded, in due course, to the Home Department for consideration in terms of Clause 4(xii) of the revised guidelines. Thirty-two victims whose names were mentioned in the petition were found ineligible since they died or suffered injuries owing to firing practice, which apparently is not covered under the Revised Guidelines issued by the Ministry of Home Affairs, he said.

The court disposed of the petition after counsel for the petitioner submitted that the PIL has substantially served its purpose and the same be disposed of in terms of the statement made by the Senior AAG.

The counsel also submitted that a considerable time had already elapsed, and it would be expedient if the authorities were directed to finalise the matter and issue formal orders within a specified time. To this, the Senior AAG submitted that necessary orders would be passed within two months.

The court closed the proceedings in the PIL in terms of the statements made by the counsel for the parties.