J&K&L High Court Asks Govt To Finalise Compensation Scheme For Victims Of Cross-Border Firing, Violence
The Jammu & Kashmir and Ladakh High Court disposed of a public interest petition filed by Uri Foundation, Lagama Uri, seeking effective implementation of the Central Scheme for Assistance to Civilian Victims/ Families of Victims of Terrorist, Communal, Left Wing Extremism (LWE) Violence, Cross Border Firing, and Mine/IED Blasts on Indian Territory.
A Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal noted that the matter had been pending since 2021 and that several compliance affidavits had already been filed pursuant to earlier directions of the Court.
The court disposed of the petition in light of the statements made by the counsel appearing for the respondents, admitting that they will finalise the compensation within the period of 2 months and file an affidavit in that regard.
The court said that "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 court, however, directed the respondent to file an affidavit to that extent within the stipulated time.
On September 2, 2025, the Court had specifically directed the authorities to file an affidavit identifying victims whose grievances were yet to be addressed or who had not been compensated despite eligibility. No such affidavit was filed, though the Government submitted that steps were being taken.
Appearing for the respondents, Senior Advocate Mohsin S. Qadiri, Sr. AAG (assisted by Ms. Maha Majeed), informed the Court that A list of 71 civilian victims mentioned in the petition is under process for consideration.
Of these, 61 cases have been referred to the Chief Medical Officer, Baramulla for disability assessment by a Medical Board so that the cases may be placed before the Union Home Ministry for relaxation under Clause 4(xii) of the Scheme, as many were time-barred.
10 victims have since passed away, but their cases are also being considered for forwarding to the Home Department. 32 cases were found ineligible, as the deaths or injuries were caused by firing practice, which is not covered under the Scheme.
Counsel for the petitioner, Mr. Naveed Bukhtiyar and Mr. Abrar H. Khan, submitted that the petition had substantially served its purpose but requested the Court to direct authorities to conclude the process within a fixed timeframe.
Accepting this request, the Bench recorded the statement of the Government that the necessary orders would be passed within two months and an affidavit confirming progress would be filed within three days.
Accordingly, the Court disposed of the PIL, directing the respondents to act as per their assurances.
Case Title: Uri Foundation Lagama Uri v. Union of India & Ors., 2025
For Petitioners/Appellants: Mr. Naveed Bukhtiyar, Advocate; Mr. Abrar H. Khan, Advocate.
For Respondents: Mr. T. M. Shamsi, ASGI; Ms. Rehana Qayoom, Advocate; Mr. Mohsin S. Qadiri, Sr. AAG with Ms. Maha Majeed, Assisting Counsel.