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2026 Supreme(J&K) 3
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
M.A. CHOWDHARY, J.
Sabza Begum W/o Mohd. Bashir Malik – Appellant
Versus
State (Now UT) of Jammu & Kashmir – Respondents
OWP No. 999 of 2018
Decided On : 09-02-2026
For the Appellant :Mr. Ajay Sharma, Sr. Advocate with Mr. Naved Naik, Mr. Shakoor Ahmed Malik, Mr. Arjun Bharti, Advocates.
For the Respondents: Mrs. Monika Kohli, Sr. AAG
The court emphasized that state obligations to compensate victims of terrorism cannot be overridden by procedural limitations, asserting that compassion and justice must take precedence in claims evaluation.
Headnote:(A) Constitution of India - Article 226 - Compensation for death in terrorist attack - Petitioners sought Rs.4.00 lakhs as ex gratia relief after their daughter was killed in a militant attack in 2003. The claim was rejected for being time-barred, but the court emphasized that victims should not be penalized for delays caused by trauma. It reiterated that the state has an obligation to consider such claims compassionately. (Paras 6, 12, 17).
(B) Writ Jurisdiction - The power of High Court under Article 226 is expansive, enabling corrections to injustices, even beyond limitations posed by predefined rules. (Paras 8, 9).
Facts of the case:
The petitioners’ daughter was murdered by militants, and they were compensated minimally with Rs.1,00,000/- but sought an additional Rs.4,00,000/- as relief, which was unjustly rejected without adequate consideration.
Findings of Court:
The court found the rejection arbitrary and directed the respondents to reassess the claim in light of applicable compensation schemes.
Issues: The main issues were the arbitrary rejection of the petitioners' claim and the lack of timely consideration.
Ratio Decidendi: The court ruled that the state must act compassionately in evaluating claims under the schemes for victims, irrespective of timelines that may unjustly disadvantage victims of terrorism.
Result: Petition allowed, order of rejection quashed, and directions provided for reassessing compensation.
| Table of Content |
|---|
| 1. claim arises from militant attack resulting in a death. (Para 1) |
| 2. legal procedures followed for compensation request. (Para 2 , 3) |
| 3. argument of entitlement to further compensation. (Para 4 , 5 , 6) |
| 4. opposing view on claim's eligibility. (Para 7) |
| 5. judicial power under article 226 concerning injuries. (Para 8 , 9 , 10) |
| 6. monetary compensation for infringement of rights. (Para 11) |
| 7. admitted facts regarding the attack and previous compensation. (Para 12) |
| 8. case precedents affirming compensation in similar cases. (Para 13 , 14) |
| 9. revised guidelines for assistance to victims discussed. (Para 15 , 16) |
| 10. court's decision to quash previous rejection. (Para 17) |
| 11. compensation to be sanctioned expeditiously. (Para 18) |
| 12. final order disposing the petition. (Para 19) |
JUDGMENT
M A CHOWDHARY, J.
1. The case, as projected by the petitioners, is that a group of armed militants intruded into their house, at Fazal-Abad, Tehsil Surankote District Poonch on 27.07.2003 and besides beating the petitioner no.1-Sabza Begum, gunned down her 28 years’ old daughter Zubeda Begum and set on fire their residential house, as the petitioner no.1 was working as SPO in the SOG Wing of Police; that a case was registered vide FIR No.127/2003 for the commission of offences punishable under Sections 302/307/120-B/122/436 RPC and 7/25/26/27 Arms Act with Police Station Surankote. The petitioners-mother and brother of the deceased were paid an amount of Rs.1,00,000/- as ex gratia by the respondents.
2. It has been pleaded that aggrieved of the inaction of the respondents to pay Rs.4.00 lakhs as balance of ex-gratia, the petitioners filed writ petition (OWP No.816/2011), which was disposed of by this Court on 13.05.2016 with the direction to respondent-District Development Commissioner, Poonch to consider the claim of the petitioners. The operative part of the order dated 13.05.2016 is reproduced below:
“Accordingly, this petition at request is disposed of at this stage with a direction to respondent No.2-District Development Commissioner, Poonch to consider the claim of the petitioners for grant of balance amount of Rs.4 Lac (Rs. Four Lacs only) as ex gratia relief as projected in the writ petition, of course, under rules and pass consideration order thereon within a period of six weeks from the date certified copy of this order and complete set of paper book are made available to respondent no.2 by the petitioners.
Disposed of as above along with connected MPs.”
3. The respondent-District Development Commissioner, Poonch vide Order No.DCP/Rel/809-11 dated 28.02.2017 rejected the case of the petitioners allegedly in a mechanical and arbitrary manner and aggrieved of the impugned order supra, the petitioners have filed this instant petition, inter alia, praying for the following reliefs:
“a. Writ of certiorari quashing the order being no.DCP/Rel/809-11 dated 28.02.2018 passed by respondent no.3, whereby the claim of the petitioners has been illegally, arbitrarily and capriciously rejected.
b. Writ of Mandamus, commanding the respondents to pay the remaining amount of Rs. 4 lakhs as ex gratia relief to the petitioners being the legal heirs of deceased Zubeda Begum alongwith interest @ 12 % per annum from the date of the death of the deceased.
c. Writ of Mandamus, commanding the respondents to pay compensation to the petitioners to the tune of Rs. 20 lacs for its failure to provide protection and security to the deceased Zubeda Begum.
d. Any other writ or direction deemed fit and proper in the nature and circumstances of the case may also be granted in favour of the petitioners.”
4. Pursuant to notice, the respondents filed objections asserting therein that the petitioners did not fulfill the eligibility criteria prescribed under SRO 43 of 1994, SRO 199 of 2008 and Government Order No.893/2008 for availing ex gratia compensation to the tune of Rs.4 lakhs; that the petitioner no.1 applied after lapse of more than 13 years from the date of the death of the
