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2019 YLR 2445

MUHAMMAD ISMAIL vs The STATE and 4 others

Citation2019 YLR 2445
CourtGilgit Baltistan Chief Court
Case No.Criminal Revision No. 28 of 2018
Date2019-03-04
Judge(s)Malik Haq Nawaz, Ali Baig
ResultRevision dismissed

MALIK HAQ NAWAZ, J.---The instant revision petition has been filed by the petitioner against the judgment/order passed by the learned trial Court on 28.06.2018.

2. The brief facts of the case as narrated in the revision petition are that on 24-08-2010, some unknown persons short dead Imran Hussain by opening fire shot on him. First Information Report No, 223/2010 was lodged by the complainant in Police Station City Gilgit. The learned trial Court on conclusion of trial acquitted the accused Shamas-ur-Rehman but ordered payment of Diyat amount to the victim by the State vide judgment/ order dated 07.01.2012. The order of learned trial Court was upheld by this Court as well as by the Hon'ble apex Court.

3. The implementation petition filed by the petitioner has been turned down by the learned trial Court on the ground that in compliance of the order of the learned trial Court in TC Nos, 31/2010 and 32/2010, the Provincial Government of Gilgit-Baltistan has paid Rs, 300000/- (Three lac) as compensation to the legal heirs of deceased Imran Hussain as mentioned in letter No, SOH-i(23)/ compensation/ 2010 (F&A) dated 30.10.2015 issued by the Government of Gilgit-Baltistan Home and Prison Department Secretariat Gilgit.

4. We have also gone through the judgment of Hon'ble apex Court passed in Cr. PLA No, 04/201 1, the relevant para of judgment has also been highlighted in the impugned judgment but for the purpose of convenience the same is reproduced again:-- "C. The State Government is liable to pay compensation to the legal heirs of victims of terrorism or of sectarian killing and in all other Criminal cases which remained untraced either because of negligence of State functionaries or otherwise or as a result of failure of State to maintain law and order situation for protection of its citizens."

5. It has rightly been held by the learned trial Court, that the Hon'ble apex Court have held that in all the cases of terrorism and sectarian killing the Govern ment will be responsible to pay Diyat to the legal heirs of the deceased but in the cases which remained untraced.

6. The instant case was not among the untraced cases. One Shams-ur-Rehman stood trial before the learned trial Court and was acquitted, which judgment/order was maintained up to the apex Court. It has been brought into our knowledge by the learned Dy. Advocate General that a uniform policy was introduced by the Government of Gilgit- Baltistan and a sum of Rs, 300000/-(Three lac) each was paid to the legal heirs of all the families, whose nears and dears lost their lives in the violence of terrorism and also in sectarian killing.

7. We are of the view that there is no infirmity in the impugned order which is upheld and revision petition filed by the petitioner is dismissed.

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