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High Court of Jammu and Kashmir · body

2025 DAILYLAW 8824 (JK)

URI FOUNDATION LAGAMA, URI v. UNION OF INDIA AND ORS. (HOME DEPARTMENT)

WP(C)PIL/18/2021 · 2025-09-16

Rajnesh Oswal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sr. No.01 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) PIL No.18/2021 Uri Foundation Lagama Uri …Petitioner(s)/Appellants. Through: Mr. Naveed Bukhtiyar, Advocate, and Mr. Abrar H. Khan, Advocate. Vs. Union of India and others. ….Respondent(s) Through: Mr. T. M. Shamsi, ASGI, with Ms. Rehana Qayoom, Advocate. Mr. Mohsin S. Qadiri, Sr. AAG, with Ms. Maha Majeed, Assisting Counsel. CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE O R D E R 16.09.2025 01. Petitioner (Uri Foundation) had petitioned this Court in public interest. In essence, the concerns/ grievances that are sought to be raised in the petition are with regard to 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. 02. The matter is pending since 2021 and the records show that pursuant to the numerous orders passed by this Court from time to time, the respondents have furnished affidavits showing compliance of those orders. 03. But on September 2, 2025, this Court had required the respondent authorities to furnish a specific affidavit as regards the victims whose concerns/ grievances are yet to be addressed or have not been paid compensation despite being eligible. No such affidavit has been submitted. However, Mr. Qadiri, learned Sr. AAG, submits that in compliance to the order dated October 23, 2024, passed by this Court, a list of 71 civilian victims as reflected in Annexure-IV appended to the petition, is under process for consideration in terms of Revised Guidelines of Central Scheme for Assistance to Civilian Victims/ Family of Victims Terrorist/ Communal/ Leftwing Extremism (LWE) Violence, Cross Border Firing and Mine/ IED blasts on Indian Territory. Further, he submits that 61 cases out of those 71 have been forwarded to Chief Medical Officer, Baramulla, to be placed before the Medical Board to ascertain the percentage of disability of each of those individuals. And a direction has been issued to promptly submit a report so that the same can be forwarded to the Home Department, Union Territory of Jammu and Kashmir, for according relaxation by the Central Government in terms of Clause 4(xii) of the Revised Guidelines, for those cases are time barred. Further, it is urged that 10 victims have since passed away but even their cases are being examined and shall be forwarded, in due course, to the Home Department for consideration in terms of Clause 4(xii) of the Revised Guidelines. He submits that 32 victims whose names were mentioned in Annexure IV to the writ petition, were found ineligible since they died or suffered injuries owing to firing practice which apparently is not covered under the Revised Guidelines issued by the Ministry of Home Affairs. 04. That being so, learned counsel for the petitioner submits for the petition has substantially served its purpose, the same be disposed of in terms of the statement made by the learned Senior Counsel for the respondents. However, submits for a considerable time has already elapsed, it would be expedient if the authorities are directed to finalise the matter and issue formal orders within a specified time. 05. To this, learned Senior Counsel for the respondents submits that the matter is under active consideration of the concerned authorities and the necessary orders would be passed/ issued within two months from today. And, at any rate, he submits that respondents shall also file an affidavit in this regard within three days from today. 06. In the wake of the position sketched out above and in terms of the statements made by the learned counsel for the parties, the proceedings in the present petition are closed. The petition is, accordingly, disposed of in terms of the statements made by learned counsel for the parties. However, as indicated above, learned Senior Counsel for the respondents shall ensure that the necessary affidavit is filed within the stipulated time. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE Srinagar 16.09.2025 Abdul Qayoom, Secy. Abdul Qayoom Lone I attest to the accuracy and authenticity of this document 16.09.2025 05:51