Supreme Court dismisses JK Government’s SLP
Upholds High Court Decision
D A RASHID
Srinagar, June 16: The Supreme Court has dismissed the Special Leave Petition (SLP) filed by the state government against the state High Court order upholding its single bench decision on a petition seeking compensation for a student’s family who was allegedly killed by the forces in a fake encounter in 2000.
A division bench of Supreme Court Comprising justices Justice Aftab Alam Justice Ranjana Prakash Desai after hearing the arguments of the counsels representing the state government dismissed the petition.
“We find no merit in this petition for Special leave and it is dismissed” the SC division bench held.
A petition was filed by Muhammad Amin Banday father of deceased Manzoor Ahmad Banday in Jammu and Kashmir High Court seeking directions for compensation after the state government did not comply with the recommendations of the State Human Rights Commission to compensate the victim family.
The SHRC had found that Banday was killed in a fake encounter at LOC after he was picked up by forces from a local Masjid late at night on May 11, 2000, while the state government had said before the commission the deceased was killed in an encounter when he was crossing LOC to get arms training from PaK.
A bench of Justice Imtiyaz Hussain in an order on November 11, 2011 had directed the state government to pay a compensation of Rs 5 lakh to the family of the deceased in keeping with the findings of the SHRC that the petitioner’s son was killed in a fake encounter.
Following the directions of the writ court, the state government filed an appeal before a division bench of High Court against the Single bench order which was dismissed by it.
A division bench of High Court comprising Acting Chief Justice F M Ibrahim Kalifullah and Justice Muhammad Yaqoob Mir while dismissing the state government’s appeal on July 12, 2011 had held that the single Judge order was in sync with the provisions of law.
While the state government was represented by Senior counsel, Gurav Pachnanda and Sidhant Goel , Astha Sharma and Sunail Farnandes in the case, the respondent Banday was represented by none. He was, however, represented by the counsel Fayaz Ahmad Bhat in High Court.
Lastupdate on : Sat, 16 Jun 2012 21:30:00 Makkah time
Lastupdate on : Sat, 16 Jun 2012 18:30:00 GMT
Lastupdate on : Sun, 17 Jun 2012 00:00:00 IST
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