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Pay Rs 15 lakh to man rendered disable by cross-firing: HC to Govt
3/12/2016 11:09:48 PM
Early Times Report

Srinagar, Mar 12: The J&K High Court has directed government to provide Rs 15 lakh as compensation to a 34-year-old man who was injured in a cross firing between security forces and militants on 17 December 1990.
While hearing of Farash's petition, a single bench of Justice Muzaffar Hussain Attar directed the state government to pay an amount of Rs.15 lakhs as compensation to the petitioner. "This amount shall be paid to him within four weeks," the court added.
Earlier advocate Manzoor Ahmad Dar appearing for the petitioner submitted to the court -'State is duty bound to pay compensation to petitioner and appoint him on a class IV post, being middle pass."
Additional Advocate General N H Shah vehemently argued that the writ petition was not maintainable as a civil suit filed by him on same cause was dismissed for non-prosecution.
However, the court rejected state government's contention about the dismissal of civil suit for non prosecution, observing that it means nothing was decided by the Civil Court on merits and will not render this petition unsustainable in law. It also observed because of the state's action, the guarantee, contained in article 21 of the Constitution of India, has been infringed, in as much as, Farash is not in a position to lead his life as a normal human being, which status, almighty had given to him.
"He was born as an able bodied person and was working as a laborer for making his both ends meet," the court said, observing that the state was duty bound to adequately compensate him.
According to petitioner victim, Ashiq Hussain Farash s/o Late Mohammad Shafi Farash of Harwan Srinagar was a minor when he suffered bullet injuries during the cross firing between security forces and militants on 17 December 1990. He was admitted to SKIMS Soura and discharged on 10 January 1991.
His family was advised to have his treatment at AIIMS New Delhi but they could do it due to poverty, eventually leaving him handicapped for entire life. In January 2011, the victim was provided Rs 20000 as ex-gratia by Deputy Commissioner Srinagar and he challenged the order before the state high court, seeking Rs 20 lakh and a class-IV job as compensation.
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