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2012 DIGILAW 557 (JK)

Ansi Devi v. State of J. & K. and Ors.

2012-09-07

MUZAFFAR HUSSAIN ATTAR

body2012
1. Evening of 13th July, 2002 proved to be darkest evening in the lives of the petitioners as their kith and kin suffered terrestrial exit, because of the terror attack unleashed by the militants. Petitioners were not only deprived bread earners of the family, and or their close kith and kin, but were also deprived of love, care and affection of those persons, who were killed by the militants. State has granted ex-gratia relief of Rs. 1.00 lac (one lac) to the petitioners. 2. These petitions are pending on the files of this Court from the year 2006. 3. Mr. Basotra, learned Sr. AAG sought time to file reply affidavit in these petitions. 4. Prayer is declined for the reason that State, who is duty bound to protect the life of its citizens, cannot resist such type of writ petitions, wherein claim is made for grant of further compensation. 5. The human life is most precious creature on this Planet. The State, which is governed by Rule of law, is duty bound to protect and preserve the lives of its citizens. The loss of human life cannot be measured, petitioners, who have suffered huge loss due to killing of their close kith and kin, cannot be compensated by the State in all fours, inasmuch as, no human life, which is lost, can be brought back. State, however, is duty bound to pay adequate and reasonable compensation for loss of such lives to the immediate kith and kin of those persons, who were killed. Article 21 of the Constitution of India casts obligation on the State and its authorities to protect the lives of its citizens. The failure of the State and its authorities to comply with the mandate contained in said Article would imply payment of compensation to the kith and kin of the deceased persons, who lost their lives, because of the failure of the State and its authorities to protect them. The payment of Rs. One lac as ex-gratia relief or compensation, in the facts and circumstances of these cases, is held to be not reasonable and adequate compensation. 6. The issues involved in these cases being identical, were taken up for final disposal together. 7. These petitions are disposed of in the following manner: “Respondents are directed to consider and pay further amount of Rs. 6. The issues involved in these cases being identical, were taken up for final disposal together. 7. These petitions are disposed of in the following manner: “Respondents are directed to consider and pay further amount of Rs. 1.00 lac (one lac) to the eligible legal representatives of the deceased persons, who have been paid earlier ex-gratia relief of Rs. one lac. Respondents to pay aforementioned amount within a period of two months from the date copy of this order is served upon them.” Petition allowed.