Won’t challenge relief order on Jodhpur detainees, says AG

Saurabh Malik

Tribune News Service

Chandigarh, January 13

Less than a year after an Amritsar court directed the Centre and state governments to award compensation of Rs 4 lakh each to 40 Sikhs confinement in a Jodhpur jail for four to five years pursuant to Operation Bluestar, Advocate-General Atul Nanda has ruled out appeal against the order.

In his four-page opinion submitted to the state government, Nanda has asserted that the court had appropriately appreciated the evidence on record and there was merit in its findings.

"After analysing the evidence on record before the court, I am of the opinion that the case at hand is not a fit case for preferring of a second appeal. The appellate Court has passed a well-reasoned judgement after appreciating the facts and the evidence; and such judgment is in consonance with law." Nanda asserted.

Referring to one of the cases, Nanda observed that a suit seeking Rs 10 lakh compensation was initially instituted in February, 1991, on the grounds of illegal custody, torture, permanent loss of employment and malicious prosecution. 

Alleging false implication in an FIR, the plaintiff-victim alleged that he was tortured mentally and physically. His religious feelings were hurt and he was abused. 

The suit for damages was initially dismissed.  The plaintiff filed an appeal. Taking up the matter, the appellate Court reversed the Trial Court judgment, vide order dated April 12, 2017, and awarded compensation of Rs 5 lakh to the plaintiffs. 

As the Punjab Government had already paid Rs 1 lakh to the plaintiff-victims, the court ordered the Union and the state governments to jointly and severally pay compensation of Rs 4 lakh along with interest.