Case Law
Subject : Constitutional Law - Public Interest Litigation
Srinagar, J&K – The High Court of Jammu and Kashmir and Ladakh has directed government authorities to finalize the compensation process for civilian victims of terrorism and cross-border firing within two months. The order, delivered by a bench comprising the Hon'ble Chief Justice and Hon'ble Mr. Justice Rajnesh Oswal , brings a long-pending Public Interest Litigation (PIL) to a close, offering a ray of hope to dozens of families awaiting assistance.
The court was hearing a PIL, WP(C) PIL No.18/2021, filed by the Uri Foundation . The petition, pending since 2021, sought the effective implementation of the 'Central Scheme for Assistance to Civilian Victims/Family of Victims of Terrorist/Communal/Left Wing Extremism (LWE) Violence and Cross Border Firing and Mine/IED Blasts on Indian Territory, 2019'. The foundation highlighted the grievances of numerous victims whose claims for compensation had not been processed, particularly a list of 71 individuals appended to the petition.
During the hearing on September 16, 2025, Senior Additional Advocate General (Sr. AAG) Mr. Qadiri, representing the respondent authorities, informed the court of the progress made. He stated that the cases of 71 civilian victims mentioned in the petition are now under active consideration.
Key updates provided by the government included: - Disability Assessment: 61 of the 71 cases have been forwarded to the Chief Medical Officer, Baramulla, to be placed before a Medical Board to ascertain the percentage of disability. - Relaxation for Time-Barred Cases: For cases that are time-barred, reports will be forwarded to the Home Department, Union Territory of Jammu and Kashmir, to seek relaxation from the Central Government as per Clause 4(xii) of the Revised Guidelines. - Deceased Victims: The cases of 10 victims who have since passed away are also being examined for potential relief under the scheme. - Ineligible Cases: 32 victims were found ineligible as their injuries or deaths were due to "firing practice," which is not covered under the scheme's guidelines.
Observing that the petition had substantially achieved its purpose, the counsel for the Uri Foundation agreed to its disposal but urged the court to set a specific timeframe for the authorities to finalize the process, noting the considerable time that has already elapsed.
Responding to this, the Senior Counsel for the respondents assured the court that the matter was under "active consideration" and committed to passing the necessary orders within two months . He also pledged to file a compliance affidavit within three days.
Accepting the statements and assurances from both parties, the High Court closed the proceedings and disposed of the petition. The court's order effectively binds the government to its two-month commitment, ensuring that the pending claims are resolved expeditiously. This decision underscores the judiciary's role in holding government bodies accountable for the implementation of welfare schemes, particularly for those affected by conflict and violence in the region.
#PIL #VictimCompensation #JKHighCourt
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