COMPENSATION GRANTED TO WIDOW OF ANTI-SIKH RIOTS VICTIM AFTER 33 YEARS

1984 sikh riots

COMPENSATION GRANTED TO WIDOW OF ANTI-SIKH RIOTS VICTIM AFTER 33 YEARS

In many cases relating to Anti-Sikhs Riots of 1984, neither FIRs have been recorded nor is any evidence related to their death available as such getting compensation from state becomes extremely difficult for the victim’s family.

One such case come to the Singh Lawyers in which Mr. Navkiran Singh appeared for the Petitioner who is a widow whose husband was killed by the mob in Anti-Sikh Riots in the year 1984.

Facts of the case are that husband of the petitioner was combatant member of Indian Army and was enrolled in the Indian Army on February 9, 1972. In the year 1984, said Nidhan Singh was posted in the strength of 21 Punjab Regiment and he was travelling in train No.184 Kalka Ranchi Express on October 31, 1984 when he was killed by the mob. Army authorities had conducted the inquiry regarding the number of army personnel having been killed by the mob in the entire country. In the Inquiry Report (which was obtained by Singh Lawyers under RTI Act and was annexed as Annexure P-7 with the petition), the name of Nidhan Singh was also listed amongst the list of killed persons at Sr. No.11 and his death was attributed to the military saervice in peace area. It was submitted to Union of India as well as State Government. On the basis of the said report, the local police authorities had registered FIR. However, petitioner was not given compensation and hence, CWP No. 5017 of 2011 (O&M) was filed by Singh Lawyers on the behalf of the Petitioner.

Navkiran Singh addressing media on the law of wearing a kirpan in court

The said writ petition was decided by the Hon’ble High Court of Punjab and Haryana on 6th March, 2017 observed that

The document annexure P-7 (Colly) may not be a legally admissible document for official purpose but it is sufficient material for this Court to arrive at a conclusion regarding the murder of husband of the petitioner by a mob in the area of Garwa Road Railway Station. The claim of respondent No.2 that there is no evidence regarding the killing of Naik Nidhan Singh in the area of Jharkhand is baseless and unbelievable. It is apparent that the entire incident being a shameful act in democratic country like India has been sought to be concealed by the official respondents. The investigation conducted by Army authorities and the circumstances  in which Naik Nidhan Singh of 21 PUNJAB was killed make the respondents liable to immediately release the ex-gratia compensation amount of Rs.3.50 lacs on account of his death having been killed by the mob in the year 1984 in anti- Sikh riots. The contention of counsel for respondent No.2 Mr. H.S. Sethi that there is no evidence available regarding Naik Nidhan Singh having been killed in anti Sikh riots is rejected in view of the report annexure P-7.”

Hence, the Hon’ble Court directed that

“Taking into consideration the said Rehabilitation Policy and the sufficient evidence available on the record regarding killing of Naik Nidhan Singh in anti Sikh riots in 1984, a direction is issued to respondents No.2 and 3 to take necessary steps for disbursement of the compensation of Rs.3.50 lacs to the petitioner along with interest at the rate of 12% per annum from the date of Rehabilitation Policy dated January 16, 2006. A direction is also issued to Union of India- respondent No.1 to reimburse the amount to the State subsequently. It is directed that necessary steps will be taken by respondent No.2 to ensure that the amount of Rs.3.50 lacs along with interest at the rate of 12% per annum w.e.f. the date of applicability of Rehabilitation Policy be released to the petitioner within a period of one month after the receipt of a certified copy of the order. If any steps are to be taken to facilitate the said release, respondent No.3 will take necessary steps. Allowed in the aforesaid terms.”

 

To read the complete judgment, click below

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