LPA No. 69 of 2009. Case: State of J and K and Anr. Vs Sonaullah Dar and Ors.. High Court of Jammu and Kashmir (India)

Case NumberLPA No. 69 of 2009
CounselFor Appellant: B. A. Dar, AAG., Adv. and For Respondent: S. A. Makroo, ASGI., Adv.
JudgesN. Paul Vasanthakumar, C.J. And Hasnain Massodi , J.
IssueConstitution of India - Articles 21, 300
CitationAIR 2016 J&K 34
Judgement DateSeptember 01, 2015
CourtHigh Court of Jammu and Kashmir (India)


N. Paul Vasanthakumar, C.J.

  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 lakh to each of the petitioners, respondents 1 to 31 herein, for the loss of life of their respective close relatives/dependents 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 Sections 302 and 307, RPC and the investigation commenced.

  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 alias 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 alias 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...

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