J&K government nods Rs.9.72 Lakh compensation on HC’s order
In the latest development of the disappearance of the 20 year old Kashmiri youth, the Jammu and Kashmir Government accorded sanction to the drawl of an amount of Rs.9,72,000 (Nine lakhs and seventy two thousand only) in favour of the Director General of Police, J&K Srinagar as `Compensation’ for its deposition before the Registrar Judicial, Hon’ble High Court of J&K and Ladakh at Srinagar in the shape of FDR.
Mohammad Ramzan Sheikh (20) of Chak-e-Kawoosa on the Srinagar-Gulmarg road near Magam was picked up by security forces from his residence on 6th June 1994.
After running every nook and corner for his whereabouts, his mother namely Rehti (now dead) and seven sisters, had filed a civil suit titled Mst. Rehti and others vs. State of J&K and others in the Hon’ble Court of Principal District and Sessions Judge, Srinagar, and prayed for compensation from the government on account of his disappearance. Later, based on the strength of evidences , the court gave its judgement dated 02.05.2019, which read as,” On the strength of the discussion made and in view of the findings recorded on issue 1-8, the plaintiffs who are the daughters of deceased (Mst Reti) plaintiff No. 1 were the minor sisters of missing Mohammad Ramzan Sheikh, an amount of Rs.9,72,000 is determined as compensation to be paid by defendants 1 &2 to the plaintiffs 2-6 alongwith costs of the suit including court fee. 50% of the amount shall be deposited in the FDR in the name of the plaintiffs and 50% shall be paid in cash to the plaintiffs. The court fee payable on the amount under the head costs shall also be paid by the defendants 1&2. The payment shall be made within a period of three months from the date of this judgement falling which interest @ 6% shall be payable by the defendants 1-2 upon the decretal amount. The decree sheet shall be drawn up accordingly. The original record shall be returned to the defendants forthwith”.
Against the judgement, the government, on PHQ’s proposal and in consultation with the Department of Law, Justice and PA, filed an appeal in the Hon’ble High Court of J&K and Ladakh at Srinagar which came to be registered as RFA No. 22/2020 titled UT of J&K vs. Ms. Shareefa. The Hon’ble High Court upon consideration of the matter observed as “Subject to depositing of Award amount execution proceedings before the Trial Court shall remain stayed. In case appellant deposits the award amount before the Registrar Judicial, the same shall be kept in FDR, initially for a period of six months, with the J&K Bank Branch High Court”.
Acting on the High Court’s direction, the Jammu and Kashmir Home Department accorded sanction which read as, “ Now, therefore, in due deference to the interim order dated 22.03.2021 passed by the Hon’ble High Court of Jammu and Kashmir and Ladakh at Srinagar in RFA No. 22/2020 titled UT of J&K and others vs. Shareefa and others, sanction is hereby accorded to the drawl of an amount of Rs.9,72,000/- (Nine lakhs and seventy two thousand only) in favour of the Director General of Police, J&K Srinagar as `Compensation’ for its deposition before the Registrar Judicial, Hon’ble High Court of J&K and Ladakh at Srinagar. The amount shall be kept in FDR, initially for a period of six months with the J&K Bank, Branch High Court, Srinagar, as directed by the Hon’ble High Court in its order ibid. The expenditure shall be booked after observing all the codal provisions and vouchsafing the availability of funds under the detailed Head- 633 —Compensation below Major Head 2055-Police”.
