Srinagar, Feb 15, l: The Jammu and Kashmir High Court has ruled that permanent disability caused by state action constitutes a violation of fundamental rights and must be fully compensated by the government.
Dismissing an appeal filed by the J&K administration, the court upheld an ex-parte decree awarding ₹10.55 lakh with 6% interest to a victim who suffered 75% disability due to a tear gas shell fired by the police.
The court emphasized that justice to victims of state action cannot be overlooked, stating that “a victim of crime cannot be a forgotten man in the criminal justice system.”
The state had challenged the trial court’s decision on grounds that the compensation was excessive and that the decree was passed without giving it an opportunity to present its case. However, the High Court rejected these arguments, ruling that the petitioner was duly served with notice and failed to appear. Citing legal precedents, it held that notices sent to the correct address are presumed to be duly delivered unless proven otherwise.
The judgment reaffirmed the trial court’s reliance on a report from the then SSP, Srinagar, which confirmed that the minor victim was struck by a rebounding tear gas shell, leading to lifelong disability. The court found no reason to interfere with the compensation awarded, asserting that the petitioner had failed to establish any grounds for setting aside the decree.
