Jammu And Kashmir High Court · 2008

Petitioners(cid:8217) counsel Mr. O.P.Thakur submitted that the four victims of the militants attack were the members of the Village Defence Committee and in terms of Government Order No. 762-GAD of 2001 dated

11.07.2001 and other orders issued on the subject, besides SRO 43 of 1994, the petitioners barring petitioner No.2 were entitled to ex-gratia relief of Rs.2 lacs for each victim, in addition, to the cost of damage caused to their property as assessed by the respondents in terms of Communication No. 2/ADCR/SA dated

5.5.2003 sent by Additional Deputy Commissioner, Ramban to Deputy Commissioner, Doda, besides their engagement in Government Service on compassionate grounds in terms of SRO 43 of 1994. According to the counsel, the respondents(cid:8217) plea that the victims were not the members of the sanctioned Village Defence Committee, was factually incorrect and legally unsustainable because after having availed the services of the victims as members of the Village Defence Committee, the respondents cannot turnaround to deny relief to the families of the victims to which they are 6 entitled in terms of the Government Orders and SRO 43 of 1994. Per contra, Mr. S.C.Gupta submitted that although the deceased had been discharging the duties assigned to Village Defence Committee members and arms too had been issued to them yet their dependents/legal heirs may not be entitled to the reliefs claimed in the writ petition because the Village Defence Committee, of which the victims were the members did not have requisite Government sanction when the militants had attacked the area. I have considered the submissions of learned counsel for the parties and perused the documents placed on records. The question that, therefore, falls for consideration in this petition is as to whether the four victims who had died in the militants attack of 6th/7th of January, 2002 in Villages Maligam Sonu and Basu Luroo (Neel) of Tehsil Banihal District Doda could be treated as members of the Village Defence Committee in terms of Government Order No. 762-GAD of 2001 dated 11.07.2001 when sanction for constitution of such Committee was in the pipe line. The answer to this question would decide the petitioners(cid:8217) entitlement or otherwise to the reliefs they seek through their writ petition. 7 Before dealing with the issue, reference needs to be made to what has been stated by the petitioners in paragraph No. 10 of their writ petition and the reply of respondent No.4 thereto. Paragraph No. 10 of the writ petition and respondent No. 4(cid:8217)s reply thereto read thus:- Para 10 of the writ p etition- further submitted that subsequently on being (cid:8220)That approached, the petitioners were told that they have been appointed as formal V.D.C members but approval was under process when the aforesaid incident happened. It is submitted the V.D.C was sanctioned because there is a large scale of killing in the year 2000 in and around village Maligam Sonu. It in the intervening night of July 31, / 1-8- 2000 militants killed 22 persons in and around the aforesaid village. The members of the Pogal Paristan area refused to go back to their houses because of the fear of militants, they also refused to allow the authorities to cremate the dead bodies of those persons who were killed by the militants. The Governor of the State, the Home Minister of the State and the Director General of Police Sh. Gurbachan D.I.G Jagat, Udhampur Doda range, the S.S.P Ramban, Sh. Rajesh Kumar were also present. The police authorities on spot announced that a V.D.C would be constituted and weapons were to be provided to all the persons who are taking up weapons. desirous of Immediately aforesaid incident in the year 2000, the police authorities constituted V.D.C groups. The above named persons who were on 6-1-2002 were killed appointed as V.D.C members and provided the 303 weapon. In these circumstances, respondents cannot say that the V.D.C was not formally sanctioned. As submitted hereinabove that the on the spot announcement was made by the police authorities for constitution of 8 V.D.C members killing of the V.D.C members.(cid:8221) to avoid further Respondent No. 4(cid:8217)s paragraph no. 10 of the writ petition- (cid:8220)That in reply to para 10 of the writ petition it is submitted that the averments made in this para are self destructive quo the petitioners insofar an unambiguous admission by the petitioners that the VDC in question was without any approval and as such was without any sanction. Subsequently whatever happened does not confer any legally sustainable right to the petitioners. Rest of the factual averments are denied.(cid:8221) Perusal of respondent No.4(cid:8217)s reply indicates that the respondents had not denied the specific case set up by the petitioners that the Governor and Home Minister of the State had announced constitution of Village Defence Committees and the factum of issuance of arms to those who were desirous of becoming the members of the Village Defence Committee in presence of the police functionaries present on spot when they had visited the area around Village Maligam Sonu in August, 2000 where about 22 persons had died because of the militants attack. Issuance of instructions/orders for constitution of Village Defence Committees on spot in presence of the head of the State, the Home Minister, the Director General of Police and other functionaries of the State and subsequent issuance of weapons and identity cards to 9 the victims of militants attack is, in my opinion, sufficient enough to recognize the status of the victims as members of the Village Defence Committee in the absence of any material having been placed on records by the respondents to demonstrate any thing to the contrary. Respondents(cid:8217) sitting over in issuing formal sanction for already constituted Village Defence Committees would not thus deprive the victims of their status as members of the Village Defence Committee who had been discharging their functions as such and using the weapons and ammunition supplied to them by the police department for the safety and security of the villagers against the threatened attack of the militants. After having availed the services of these persons by providing them weapons and issuing them identity cards to act as members of the Village Defence Committee, respondents are estopped from denying their status as such and their entitlement to relief in terms of Government Order No. 762-GAD of 2001 dated

11.07.2001 by treating them as members of the Village Defence Committee. I, therefore, do not any merit Mr. Gupta(cid:8217)s submission that non-issuance of formal orders by the respondents for constitution of Village 10 Defence Committee would deprive the deceased of their status as members of Village Defence Committee and consequent entitlement of their legal heirs to the reliefs to which they are entitled to being the legal heirs of the members of the Village Defence Committee who had been killed in the militants(cid:8217) attack. Petitioners(cid:8217) case was thus required to be considered for, grant of ex-gratia relief in terms of Government Order No. 762-GAD of 2001 dated 11.07.2001 by respondents treating them to be the legal heirs of the deceased members of Village Defence Committee and compassionate appointment in terms of SRO 43 of 1994. The respondents have failed to discharge their statutory duty to consider petitioners(cid:8217) cases for release of ex-gratia relief of Rs. 2 lacs for the death of each member of the Village Defence Committee and the cost of damage caused to their property as assessed by the State functionaries and pass appropriate orders in this behalf. In view of the above discussion, I am of the view that petitioners have succeeded in establishing their case. Respondents are accordingly directed to consider release of ex-gratia relief for the death of Baldev Singh, Chatter Singh, Bharat Singh and Kesho Ram, the members of the Village Defence Committee, who had been killed in militants attack of 6th/7th January, 2002, 11 in favour of their legal heirs in terms of Government Order No. 762-GAD of 2001 dated 11.07.2001 minus the amount already paid to them by Deputy Commissioner, Ramban. They are further directed to process the case of those legal heirs and dependents of the four deceased for engagement in Government Service compassionate grounds, who may be eligible therefor. They shall consider the cases of the petitioners for release of money payable to them for the damage caused to their property on the basis of assessment of damage which had been made by Additional Deputy Commissioner, Ramban addressing Communication No. 2/ADCR/SA dated 5.5.2003 to Deputy Commissioner, Doda. Respondents shall consider petitioner No.2(cid:8217)s case too for payment of appropriate ex-gratia relief to her to which she may be entitled in terms of the Orders issued by the Government in this behalf for grant of ex-gratia relief to those who are injured in the militants attack. The respondents shall complete this exercise and pass appropriate orders in this behalf within a period of three months. Jammu 21.10.2008 Pawan Chopra (J.P.Singh) Judge