IMPORTANT POINT
Mandamus cannot be issued in the matter of ex gratia.

JUDGMENT

Ranjan Gogoi, J. –

1. The petitioner in Writ Petition (Criminal) No. 125 of 2013 is the Political Secretary of J & K National Panthers Party (JKNPP) which is a political party recognised by the Election Commission of India. Setting out figures and statistics of innocent people who have lost their lives in incidents of crime and terrorists acts committed from time to time in the State of Jammu & Kashmir, the persistent failure of the State Government to prevent such untoward incidents have been alleged alongwith the perceived inefficiency of the State Government in providing adequate relief and rehabilitation measures including compensation following such incidents. Specifically, the writ petition centres around an incident that had occurred on 17/18 of July, 2013 at a place called Gool in District Ramban, in the course of which a large body of civilian population had attacked a BSF camp and in the exchange of fire that ensued, 4 civilians had died and 44 others received serious injuries. Accordingly, the writ petition was filed seeking the following reliefs:

“(a) issue an appropriate writ order or direction in the nature of mandamus directing respondent no.2 to institute a high power judicial inquiry into the circumstances that led to the killing of four villagers and injuring more than three dozens on 18.07.2013 in village Gool, Ramban District J&K. The four villages were killed in firing whereas 42 were injured on the same day.

(b) direct respondents no.1 & 2 to provide full security, boarding and lodging facilities, besides, all medical, care to the pilgrims to Shri Amarnath & Shri Mata Vaishno Devi who have been stranded at different stations during their journey in the State of J&K due to the imposition of curfew.

(c) that the Hon’ble Court may be pleased to direct the Governor of J&K to act in accordance with Section 53 r/w Section 92 of the Constitution of J&K in the interest of unity, integrity and sovereignty of India.

(d) the Hon’ble Court may further be pleased to direct the respondents to extend the fundamental rights in the Constitution of the State in the interest of human dignity and rule of law.

(e) this is further prayed that the respondents may be directed to pay compensation to the families of those killed @ Rs.50 lacs each and @ Rs.10 lacs to each person injured in the firing on 18.07.2013.

(f) pass any other appropriate order/direction in the interest of justice, equity and rule of law.”

2. It may be specifically noticed, at this stage, that Section 53 of the J&K Constitution empowers the Governor of the State to, inter alia, dissolve the legislative assembly. Section 92 contemplates the manner of running the administration of the State once a proclamation of failure of constitutional machinery in the State is issued by the Governor.

3. Notwithstanding the above and the tenor of a substantial part of the pleadings which would seem to indicate a somewhat overenthusiastic attempt on the part of the petitioner to discredit the functioning of the State Government, we have not allowed the aforesaid negative features of the case to detract us from the otherwise beneficial effect of the public interest litigation brought before this Court. Notice, therefore, was issued on 8.8.2013.

4. Criminal Miscellaneous Petition No.16696 of 2013 was, thereafter, filed drawing the attention of the Court to another incident that had occurred at Kishtwar town on 9.8.2013 in the course of which 2 persons had died and over 50 were injured in police firing. In the aforesaid Crl. M.P., it was also alleged that thousands of Hindu pilgrims travelling from Machel to Batote (National Highway) have been stranded on the 60 kms. long route from Padar (Atholi) to Kishtwar and such pilgrims were left exposed to the vagaries of inclement weather without any facilities of board and lodging. In the above situation, while seeking a judicial inquiry into the incident that led to the disturbance in Kishtwar on 09.08.2013, specific directions were a