The Supreme Court on Monday severely criticised the Jammu and Kashmir government’s policy of awarding differential ex-gratia compensation to paramilitary and security personnel who are residents of the state and outsiders, victimised by riots or other similar incidents while on duty in the state.
“How can you discriminate between natives and outsiders who lost their lives while serving in your state? We know that you have a special status,” a bench headed by Chief Justice P. Sathasivam said.
The top court’s rebuke came as the state government justified its stand of differential compensation policy by invoking the Instrument of Accession and the Special Status granted to it by Article 370 of the Constitution. “It is most respectfully submitted that where ex-gratia payments are made by way of discretionary relief, no legally enforceable right is vested in any beneficiary to claim equally or identical treatment with another beneficiary of ex-gratia reliefs under the same policy,” a fresh affidavit filed by the state said.
At the same time, the state government in its fresh affidavit said, “The policy with regard to payment of ex-gratia relief to the paramilitary/security forces, defence personnel and J&K police personnel is being reviewed by the state government with the objective of providing an updated and comprehensive policy in this regard. An endeavour is is being made to complete this exercise within the shortest possible time.”
The bench, also comprising Justice Ranjana Prakash Desai, was hearing a PIL seeking a direction to the Centre and J&K government to provide adequate security and safe passage to pilgrims stranded due to curfew in Kishtwar where communal clashes had taken place on Id.