Ritu Bahri, J. - (1.) PETITIONER Surjit Kaur is seeking a writ in the nature of certiorari for mandamus directing the respondents to pay the compensation of Rs. 5 lacs and other benefits which has not been paid till date.
(2.) ON 01.03.1992, militants killed four persons namely Joga Singh, Surinder Kaur, Teja Singh and Barkha Ram. Teja Singh was husband of the petitioner. An information regarding killing of above said persons was given by Kuldeep Chand to Darshan Singh ASI, Police Post, Chintawala. FIR No. 8 dated 01.07.1992 under Section 302 read with Section 341 IPC and Section 25 of Arms Act and Sections 3/4 of TADA Act was registered at P.S. Sadar, Nabha (P -1) and post mortem was conducted in the hospital. During investigation of the case, accused Baldev Sigh and Balwant Singh were apprehended. However, they were acquitted due to insufficiency of evidence, vide judgment dated 05.04.1997 (P -3). The death certificate of the petitioner issued by the Registrar is Annexure P -4. The petitioner submitted an application dated 23.06.1997 that her husband was murdered by terrorist on the morning of 01.03.1992 along with other three persons and she submitted that Government has granted compensation to other persons but the petitioner has not been provided any financial help by the Government. Thereafter, the petitioner submitted various reminders regarding grant of compensation to the petitioner on account of death of her husband but no action has been taken. Petitioner has made reference to the judgment of Delhi High court passed in CWP No. 1429 of 1996, decided on 05.07.1996 whereby it was directed that widows and families of the victims who lost their lives in 1984 riot, be paid a sum of Rs. 3,50,000/ - as compensation. This High Court in CWP No. 6129 of 1996, decided on 06.04.1998 followed the judgment of Delhi High Court and awarded an amount of Rs. 3,50,000/ - to the families of the riot victims who lost their lives in 1984. On notice, a written statement has been filed on behalf of respondent Nos. 1 to 3 stating therein that the claim of the petitioner is liable to be rejected as per letter dated 18.09.1992 in which it has been submitted that Teja Singh (husband of the petitioner) had a land dispute with Sewa Singh. Kulwant Singh settled the matter of killing of Teja Singh with Baldev Singh to the tune of Rs. 50,000/ -. The other victims of the incident namely Barkha Ram, Jora Singh and Sukhwinder Kaur were killed to hid the killing of Teja Singh (R -2). DSP CID Patiala vide letter dated 04.11.1992 again conveyed that Teja Singh and Sewa Singh had a land dispute. Sewa Singh's son Kulwant Singh made the deal with terrorists to kill Teja Singh for Rs. 50,000/ -. During investigation, Kulwant Singh was arrested and he confessed the crime (R -3). S.S.P. Patiala vide letter dated 24.03.1993 has reported the reason of killing of Teja Singh that there was a land dispute between the two brothers as a result of which Kulwant Singh s/o Sewa Singh and brother of Teja singh hired a terrorists group who killed Teja Singh (R -4). Vide Annexure R -5 Director cum Addl. Secy. Punjab Govt. Relief and Resettlement Punjab Chandigarh clarified that this is not a terrorist incident and this incident was occurred due to personal enmity. Financial help cannot be given to the petitioner and under the Punjab Government letter dated 24.4.1986, only terrorist effected person are eligible for financial help.
(3.) LEARNED counsel for the petitioner has filed replication to the reply filed on behalf of respondent Nos. 1 to 3 and has referred to order dated 07.12.1992 (P -10) awarding the compensation to the family members of other three persons who were killed by the terrorist along with the husband of the petitioner. The petitioner had been deprived on account on the fact that the three persons who were killed had no concern with the terrorist. Learned counsel for the petitioner submits that there are no documentary proof to suggest that Teja Singh had any dispute pending with Sewa Singh and once compensation has been given to other three persons who were killed with the husband of the petitioner, treating it to be case of terrorist violations, the petitioner is also eligible for compensation. Further wife of Joga Singh and Barkha Ram were given subsistence allowance of Rs. 1500 per month w.e.f. December 1992 as per Government instructions dated 30.09.1992 (P -11).;