The main legal point established in the judgment is the liability of the State Government to pay compensation for the loss of life in such incidents, as well as the involvement of the Central Government in determining the liability to pay compensation.

N. Paul Vasantha Kumar; CJ.:-

1. This LPA appeal is filed against the order made in OWP No. 149 of 1996 dated 10.09.2007, wherein the writ court ordered compensation of Rs. 04 lakhs to each of the petitioners, respondents 1 to 31 herein, for the loss of life of their respective close relative/dependent who have been killed in the incident and whose particulars are given in the writ petition with a further direction that this amount shall be in addition to the ex-gratia relief paid to them and the amount shall be paid within a period of three months.

2. The writ petition was filed by 31 persons against the Union of India and the State Government. The contention made before the learned Single Judge was that an incident which took place on 22.10.1993 at Bijbehara in which about 32 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 on the National Highway, BSF personnel from 47th Bn., who were on duty fired upon them due to which civilians got killed and injured. FIR No. 90/1993 was accordingly, registered under Section 302 & 307 RPC and the investigation commenced. In the incident following 31 persons got killed.

3. In the incident, the following 31 persons were killed:

(a) Manzoor Ahmed Dar S/o Sonaullah Dar R/o Gad Hanjipora Zirpara Bijbehara.

(b) Irshad Hussain Tak S/o Gh. Mohi-ud-Din R/o Bijbehara.

(c) Javeed Ahmad Waza S/o Gh. Mohd. R/o Bijbehara.

(d) Sheikh Shabir Ahmad S/o Sheikh Gh. Nabi R/o Badshah

(e) Shabir Ahmad Shah S/o Abdul Majid @ Suliman.

(f) Mohd. Saleem Boda S/o Late Gh. Ahmed Tak.

(g) Afroz Ahmad Zargar S/o Ab. Rashid Zargar.

(h) Gh. Mohd. Zargar S/o Mehda Joo.

(i) Bashir Ahmad Wani S/o Gh. Ahmed Wani @ Sofi.

(j) Mohd. Abdullah Sheikh S/o Gh. Mohd.

(k) Kamal Ji Koul S/o Dawarika Nath

(l) Mohd. Altaf Sheikh S/o Nazr Ahmed

(m) Riyaz Ahmad Gutoo S/o Seraj-ud-Din Gutoo

(n) Ghulam Ahad Pandit S/o Gh. Rasool

(o) Mohd. Saleem Turray S/o Mohd. Abdullah

(p) Mohd. Shafi Wagay S/o Mohd. Ramzan

(q) Mukhtar Ahmad Gani S/o Mohd. Shaban

(r) Mohd. Iqbal Ganai S/o Mohd. Maqbool

(s) Abdul Rashid Ved S/o Ab. Hamid

(t) Manzoor Ahmad Budro S/o Gh. Qadir

(u) Mushtaq Ahmad Hamdani S/o Gh. Nabi

(v) Mohd. Shafi Hamadani S/o Mohd. Yousuf

(w) Fayaz Ahmad Tak S/o Ab. Majid

(x) Abdul Rehman Zaroo S/o Abdul Majid

(y) Mohd. Ashraf Zargar S/o Khalil Mohd.

(z) Manzoor Ahmad Zargar S/o Ab. Samad All residents of Bijbehara Anantnag.

(aa) Gul Mohd. Kurchoo S/o Mohd. Ramzan

(ab) Parveez Ahmad Dar S/o Mohd. Akber

(ac) Showkat Ahmad Khanday S/o Mohd. Ramzan Resident of Zirpara Bijbehara.

(ad) Gh. Hassan S/o Ab. Razak Waza

(ae) Karim Ganai S/o Ramzan Ganai Residents of Pagal Pora Tehsil Kulgam.

4. The State 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 its counter affidavit, has narrated the circumstances under which the incident took place.

5. The State Government sanctioned ex-gratia relief of Rs. 01 lakh in favour of next of the kin of the deceased vide order No. Divcom/Relief-257 of 1993 dated 27.12.1993. In the magisterial inquiry report, which was submitted to the State Government on 13.11.1993, recommended dismissal of accused persons who committed the killings followed 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 the BSF or the police authorities. The accusations were found against the BSF personnel in the inquiry report submitted by the