BASHIR AHMED RATHER Vs. STATE OF JAMMU AND KASHMIR
HIGH COURT OF JAMMU AND KASHMIR
BASHIR AHMED RATHER
STATE OF JAMMU AND KASHMIR
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(1.) PETITION No. OWP No. 43/05 titled Bashir Ahmed Rather and Ors. v. State and OWP No. 44/05 titled Gh. Hassan rather and Ors. v. State have been filed under article 226 of the Constitution of India read with Section 103 of the Constitution of jammu and Kashmir for a direction to the state to pay compensation to the petitioners.
(2.) SINCE the petitions arise out of the same incident and the issues which arise for determination are common, both the petitions are being disposed of by this common judgment.
(3.) THE factual background in a nutshell is as follows:-On 18-10-2004 an overhead electric wire from 11 KV line running over a school building in village Sharief Abad, HMT, Srinagar got snapped and fell on the school children, who were studying in the said school causing death of three children and grievous injuries to three other children. Petitioners in owp No. 43/05 namely Bashir Ahmed rather, Ghulam Ahmed Sheikh and Ghulam ahmed Bhat lost their children in the incident. They allege that their children Firdous ahmed Rather S/o Bashir Ahmed Rather r/o Sharief abad, Budgam, Mohd. Maqbool shekkh S/o Gh. Ahmed Bhat R/o Sharief-abad, Budgam and Tanveer Ahmed Bhat s/o Gh. Ahmed Bhat R/o Sharief-abad, budgam lost their precious lives when the high Tension wire loosely connected fell upon them. This unfortunate incident took place when the students were taking exams and were made to sit by the authorities in the compound of the school. A first information report was lodged about the incident in the Police Station Palrmpora as FIR No. 97/04. Petitioner Bashir Ahmad Rather's son namely Firdous Ahmed was taken to jehlum Vally Medical College, Bemina where he was declared as dead. Petitioner Gh. Ahmed's son namely Mohd. Maqbool was taken to 92 Base Hospital C/o 56 APO CRPF where he died on 19-10-2004 as he had received 80% electric burns, petitioner Gh. Ahmed Bhat's son namely Tanveer Ahmed bhat died on 18-10-2004 itself. The petitioners have stated that it was the duty of the respondents who control, maintain and supervise electricity to rectify the defect and change the lines in order to avoid continuous threat to the students reading in the school and it was equally important for the functionaries of the Education Department not to put the lives of the innocent of tender boys to the risk by asking them to sit in the compound under the High Tension wire which was loosely connected and where the apprehension of falling of the wire was evident. So both the Departments were equally responsible as they had contributed to negligence which resulted into the mishap resulting in loss of the lives of their kids.;
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