ABDUL REHMAN DAR Vs. STATE
LAWS(J&K)-2006-11-5
HIGH COURT OF JAMMU AND KASHMIR
Decided on November 27,2006

Abdul Rehman Dar Appellant
VERSUS
STATE Respondents

JUDGEMENT

J.P.SINGH, J. - (1.) CLAIMING benefit of Government Order No. 732 -GR (GAD) of 1990 dated 10.07.1990 read with Government Order No: 125 -GAD of 1997 dated 27.01.1997 Abdul Rehman Dar, petitioner, has filed this petition for grant of ex gratia relief of Rs. 45000/ - besides an amount of Rs. 20 lakhs and treatment at State expense to his disabled son, by way of compensation.
(2.) WITH the consent of learned Counsel for the parties, this petition has been taken up for final disposal on the basis of the official records, which were made available by Sh. M.A. Rathore, learned Additional Advocate General appearing for the respondents. The petitioner says that his son Mohd Ayoub Dar was apprehended by Rajput Rifles from his house on 10.04.1990. He was tortured in custody rendering him mentally deranged. The then Governor of the State intervened and the petitioner's son was released from custody. The petitioner's son was medically examined after his release and was found to be suffering from Chronic Schizophrenia, a long duration mental illness requiring treatment over the long period of time. Petitioner thus claims Rs. 20 lakhs as compensation from the State -respondents who had disabled the petitioner's son to earn his living thereby depriving him of his fundamental right to life and liberty.
(3.) THE State -respondents have held the petitioner's son ineligible to the grant of ex gratia relief. His son was, however, awarded an amount of Rs. 30,000/ - out of the Chief Minister's Relief Fund.;


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