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This is an archive article published on September 17, 2013

SC pulls up J&K for bid to justify ex gratia policy

The Bench observed,You are trying to justify this policy. Can you manage your state without assistance of others?

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SC pulls up J&K for bid to justify ex gratia policy
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The Supreme Court Monday pulled up the Jammu and Kashmir government for attempting to justify a compensation policy based on status of residents as state subjects and non-state subjects.

The Bench had sought an explanation over lower compensation for non-state subjects,particularly armed forces personnel deployed to contain militancy. The Bench observed,You are trying to justify this policy. Can you manage your state without assistance of others?

The government had,informing the court about its decision to review the ex gratia policy for victims of riots,militancy and other incidents,maintained that special status granted by the Constitution gave the state powers to draw up separate laws for original inhabitants of J&K.

The Bench said: These people lost their lives serving in your state. Your state may have a different status but can you consider them differently? Are you justified in doing so? You cant consider them differently.

The court criticised the government for not having its affidavit filed through the Chief Secretary,not a lower official.

You must cooperate. It is unfortunate. When we expressed our displeasure on the issue on the last date,was it not proper to ask your highest executive to file the affidavit and inform court?

The states counsel told the bench the affidavit will be filed through the Chief Secretary. The court gave him three days and fixed the matter for hearing for September 20.

 

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