The High Court of Jammu & Kashmir and Ladakh at Srinagar disposed of a Public interest litigation filed in 2021 by Uri Foundation concerning the Central Scheme for Assistance to Civilian Victims/Family of Victims of Terrorist, Communal, or Left Wing Extremism (LWE) Violence, and Cross Border Firing and Mine/IED Blasts on Indian Territory, 2019. The division bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal directed authorities to finalize pending compensation cases within two months.
The Uri Foundation had raised concerns about pending or unpaid compensation under the scheme. The Court noted that while the respondents had submitted several affidavits over the years showing compliance with earlier orders, certain cases remained unresolved. On September 2, 2025, it had required authorities to furnish a specific affidavit regarding victims whose grievances were yet to be addressed or who had not been paid compensation despite being eligible. However, no such affidavit was submitted.
The respondents informed the Court that a list of 71 civilian victims, as reflected in Annexure IV appended to the petition, was under process for consideration in terms of the revised guidelines of the Central Scheme. It was further informed that 61 cases out of those 71 had been forwarded to the Chief Medical Officer, Baramulla, to be placed before the Medical Board to ascertain the percentage of disability of each individual.
The authorities had directed that a report be promptly submitted so that pending cases could be forwarded to the Home Department, Union Territory of Jammu and Kashmir, for relaxation by the Central Government under Clause 4(xii) of the Revised Guidelines, as some cases were time-barred. Additionally, 10 victims who had passed away are still being examined, and their cases will be forwarded in due course for consideration under the same clause. However, the Court noted that 32 victims listed in Annexure IV to the writ petition were found ineligible, as they either died or suffered injuries due to firing practice, which was not covered under the Revised Guidelines issued by the Ministry of Home Affairs.
The petitioner submitted that the PIL had substantially served its purpose but requested that the authorities be directed to finalize pending compensation cases promptly. The respondents assured the Court that the matter was under active consideration, necessary orders would be issued within two months, and an affidavit would be filed within three days.
Accordingly, the Court disposed of the petition and directed the respondents to ensure that the necessary affidavit is filed within the stipulated time.
Appearances:
Petitioner: Naveed Bukhtiyar and Abrar H. Khan, Advocates
Respondents: T.M. Shamsi, ASGI with Rehana Qayoom, Advocate; Mohsin S. Qadiri, Sr. AAG with Maha Majeed, Assisting Counsel
