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| HC directive in killing of 31 persons in BSF firing in 1993 | | | Early Times Report
JAMMU, Sept 9: In a LPA filed by the home secretary and DGP against the judgment of writ court, a high court division bench of Chief Justice N Paul Vasanthakumar and Justice Hasnain Massodi today dismissed the appeal and directed state to pay Rs 4 lakh to each of the petitioners whose family persons had died due to firing by BSF in 1993.
The contention made before the Single Judge was that an incident which took place on October 22, 1993 at Bijbehara in which about 31 persons were killed and several others got injured. Information was lodged in the Police Station Bijbehara on the same date stating that after Friday prayers about 2000 to 3000 persons who had assembled near Jamia Masjid, Bijbehara, launched a peaceful protest against the siege of Hazratbal Shrine. They raised slogans and went towards National Highway and when they reached near Goriwan, BSF personnel of 47 Bn, who were on duty there, fired upon them due to which civilians got killed and injured. FIR No.90/1993 was accordingly, registered under Sections 302 and 307 of RPC and the investigation commenced. In the incident, 31 persons got killed.
The government ordered magisterial inquiry and inquiry report in the matter was submitted. In the reply filed by Inspector General of Police, Kashmir Province, it is stated that BSF personnel were found involved in the case and sanction for their prosecution was sought and the Deputy Inspector General, BSF, in his counter affidavit, had narrated the circumstances under which the incident took place.
The government sanctioned the ex-gratia relief of Rs 1 lakh in favour of next of the kin of the deceased vide order No Divcom/Relief-257 of 1993 dated 27.12.1993. The magisterial inquiry report, which was submitted to the government on 13.11.1993, recommended dismissal of the accused with initiation of criminal proceedings and 11 security personnel who were allegedly involved in the incident were also identified. The said magisterial inquiry report was not disputed by BSF or police authorities.
The single judge had considered the compensation claim of the petitioners in light of the judgments of Supreme Court and ordered the government to pay a sum of Rs 4 lakhs to each petitioner for the loss of life of their close relatives/ dependants who were killed in the incident. The petitioners had prayed for payment of Rs 50 lakhs to each of them being the legal heirs of the deceased.
The bench held that the appeal preferred by the state government disputing the liability to pay the amount and seeking direction against the central government to pay the amount as ordered by the single judge cannot be sustained and the AAG produced a cheque for a sum of Rs 31 lakhs drawn in favour of the Registrar Judicial of this court. The same shall be deposited with the Registry and the Registry shall release the said amount in favour of the petitioners equally i.e. Rs 1 lakh to each petitioner-Respondents 1 to 31 herein. The remaining amount of Rs 93 lakhs shall be deposited by the appellants with the Registrar Judicial of this court within three months from today and on such deposit, Registrar Judicial shall release the same at the rate of Rs 3 lakh to each petitioner, the court directed. |
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