2009 Avalanche News

IHK court orders compensation to avalanche victims

Srinagar, March 13 (KMS): In occupied Kashmir, the High Court has directed the Indian army officials to pay compensation to the next kin of five porters killed in avalanche while carrying ration for the Army post on Line of Control in Uri. The Indian army had refused to pay compensation to them.

Eight years ago the porters Abdul Rehman Lone, Muhammad Shafi Lone, Imtiyaz Ahmad Khan, Abdul Gani Lone and Abdul Sattar of Uri were killed when the show avalanche hit them. The Kashmiri labours were carrying ration for the Indian Army Malangam post of Mahar Regiment in Uri.

The relatives of porters approached the Assistant Commissioner Labour who directed the Army to give over Rs 21 lakh compensation to the families of porters. However, the Indian Army authorities challenged the decision in the High Court. The Court rejected the Indian Army appeal and upheld the order passed by the Assistant Commissioner Labour. The Court directed the Army to pay compensation to the families forthwith.

J-K HC asks Army to compensate for dead porters
Majid Jahangir
Mar 14, 2009

Srinagar: Taking a strong note of failing to provide compensation to five porters who were killed in an avalanche in north Kashmir’s Uri sector eight years back, the High Court has directed the Army authorities in Kashmir to immediately pay compensation to the next kin of porters.

In December 2001, five porters identified as Abdul Rehman Lone, Muhammad Shafi Lone, Imtiyaz Ahmad Khan, Abdul Gani Lone and Abdul Sattar – all resident of Lachipora Uri- were killed in an snow avalanche while carrying ration for the Army post on Line of Control (LoC).Soon after the tragedy the Army refused to pay compensation to the families saying the five were killed in a natural calamity.

After the denial by Army for compensation, the relatives of the five slain porters in early 2002 approached the court of Assistant Labour Commissioner Baramulla for seeking justice. The Assistant Labour Commissioner, after hearing the plea, directed the Army authorities in July 2003, to give Rs 21 lakh compensation to the families whose kin have died in the avalanche while performing the duty for Army. The Army later filed an appeal in the High Court and challenged the Assistant Labour Commissioner’s direction.

Army later pleaded before the High Court that even as the porters were working with Army, but they were killed in a natural calamity so there was no reason why the Army authorities should pay compensation to the families of the five porters. The Army also pleaded that they were in no way responsible for the death of five men. “They (porters) did not die because of the negligence of the Army men,” the Army pleaded before the High Court.

After hearing the plea from both the side, High Court Judge Mohammad Yaqoob Mir upheld the decision of the Assistant Labour Commissioner Baramulla and directed the of Army to immediately release the compensation money to the families of the porters. “It will be injustice if the compensation is not paid the five porters who died while working for Army,” Justice Mir observed in his judgement.

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