HC directs Defence Secretary to compensate victim’s mother
D A RASHID
Srinagar, June 12: The Jammu and Kashmir High Court has asked the Defence Secretary union of India to deposit Rs 10 lakh within four weeks with High Court Branch of Jammu and Kashmir Bank in the name of Mst Azizi whose son was subjected to custodial disappearance in 1997.
A division bench comprising Chief Justice, Justice Mahesh Mittal Kumar and justice Verinder Singh while passing direction on letter Patent Appeal( LPA) filed by the Union of India against the order of High court directing the Union Home secretary to deposit an amount of Rs 10 lakh as compensation to the petitioner.
A bench of the High Court on March 25, 2011 had directed the respondents to deposit Rs 10 lakh after the court disposed of the petition filed by Mst Azizi seeking reinvestigation and compensation in her sons disappearance. The court had however told the Defence secretary of Union government that he could recover the compensation from DGP and the state government.
The court had directed the state government and DGP to proceed with the prosecution of the case in FIR 66 0f 2009 registered regarding disappearance of Mushtaq Ahmad Dar, who was allegedly taken into custody by the forces on April 13, 1997 and his body was not handed over to his family.
“All the respondents in the case are liable for the compensation to the petitioner for disappearance of her son,” the court had held.
An inquiry regarding the custodial disappeance conducted by the Additional sessions Judge Srinagar under the order of High Court had revealed that Dar was picked up by the forces and thereafter disappeared from the custody.
After the report was submitted before the High Court, the respondents were given opportunity to file objections to it.
Upholding the order passed by the court on May 5, 2012 passed by court of Justice Hasnain Massodi on a contempt petition filed by the petitioner, the cour had directed the respondents to deposit of Rs 10 lakhs in the name of the petitioner within eight months.
While Mst Azizi was represented by Mir Shafaqat Hussain, the union of India was defended by Karnail Singh Wazir.
Lastupdate on : Tue, 12 Jun 2012 21:30:00 Makkah time
Lastupdate on : Tue, 12 Jun 2012 18:30:00 GMT
Lastupdate on : Wed, 13 Jun 2012 00:00:00 IST
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