J&K HC | Disputes regarding questions of fact would not be the subject matter of a writ petition

Jammu and Kashmir and Ladakh High Court

Jammu & Kashmir High Court: Ali Mohammad Magrey, J. disposed of the writ petition on the grounds that questions of fact could not be the subject matter of a writ petition.

The petitioner filed the instant petition praying that the respondents be commanded to implement the recommendations of the Human Rights Commission. The petitioner claimed to be the widow of one Abdul Ahad Malik) who as argued by her, left his home towards Srinagar on 16-02-2003 and on the very next day, his dead body was received by his family members. It is stated that since the deceased was the only breadwinner of the family, the petitioner filed a complaint before the State Human Rights Commission, Srinagar on 11-05-2004, in terms of the J&K Human Rights Act, praying therein for compensation.

The State Human Rights Commission recommended the Government payment of ex-gratia relief of Rs 10 lacs in favour of the petitioner and benefit of employment in terms of SRO 43 to the elder son of the petitioner. Since the Government did not act upon the recommendations of the State Human Rights Commission, the petitioner filed the instant petition for the above-stated reliefs.

B. A. Misri, learned counsel for the petitioner, provided on record a letter issued by Senior Superintendent of Police, addressed to the Principal Secretary to Government, Home Department, J&K, Jammu, making reference to some report that the deceased Abdul Ahad Malik was killed by some un-known militant at Srinagar, with further clarification that no case/report has been registered in the concerned police station nor any Medico legal formalities conducted.  In his reply, the Deputy Commissioner stated that the petitioner had a natural death, and also has placed on record photocopy of certificate issued by Deputy Medical Superintendent, SMHS Hospital, Srinagar certifying that the deceased was admitted in the hospital on 16-02-2003 as a case of Cardio Vascular Arrest and expired on 16-02-2003. The Petitioner in response, to such a report placed on record a certificate issued by Resident Medical Office Records, Government SMHS Hospital which said that there was an un-known patient admitted in the hospital without giving any details regarding the address and parentage.

After perusing the pleadings the court held that it was not forthcoming that the deceased died in a militancy-related incident, therefore, disputed questions of fact were involved in the present case, which could not be determined by this Court and no relief could be passed on such disputed question of facts. The petitioner has to approach a civil Court for the establishment of her right before filing a writ petition. The recommendations of the Human Rights Commission were not binding on the State. The petitioner was free to approach the Civil Court for the establishment of her right with reference to the death of her husband as well as the implementation of the recommendations of the Human Rights Commission. [Nazira Begum v. State of J&K, 2019 SCC OnLine J&K 832, decided on 09-10-2019]

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