Punjab-Haryana High Court
Tarlochan Singh And Others vs State Of Punjab And Others on 10 March, 2011
Author: Surya Kant
Bench: Surya Kant
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Civil Writ Petition No.4373 of 2011
Date of Decision : March 10, 2011.
Tarlochan Singh and others .....Petitioners
versus
State of Punjab and others .....Respondents
CORAM : HON'BLE MR.JUSTICE SURYA KANT.
Present : Mr.Gurnam Singh, Advocate, for the petitioners.
-.-
1. Whether Reporters of Local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
---
Surya Kant, J. (Oral)
The petitioners are aggrieved by the order dated 2.11.2010 (Annexure P-13) issued on 19.11.2010, passed by the Deputy Commissioner, Tarn-Taran rejecting their claim for issuance of 'red cards' being victims of '1984 Anti Sikh Riots'. The order says that:-
".....The District Level Committee headed by Additional Deputy Commissioner (G) consisting of District Revenue Officer and Shri Sukhjit Singh, President of Danga Peerat Welfare Society, Tarn-Taran as its members has recorded proceedings of its meeting held on 1.11.2010 after hearing the petitioners that all the cases of 19 petitioners did not fulfill eligibility criteria for the issue of Red Identity Card due to insufficient evidence and hence, the Committee has C.W.P.No.4373 of 2011 2 rejected 19 cases of the petitioners on the ground mentioned against each in Annexure-" " and " " -(19 cases of petitioners). I have also examined the record and grounds mentioned by the District Level Committee constituted for the purpose of examining the cases for the issue of Red Identity Card to migrated Sikh Families during 1984 Riots and I am satisfied that the grounds mentioned against each of the petitioners clearly show that they are not eligible for the issue of Red Identity Card for want of sufficient evidence to prove their migration within the prescribed time i.e. 1.11.1984 to 11.12.1985. Therefore, District Level Committee has rightly rejected the cases after affording them opportunity of hearing, full consideration of evidence of each petitioners and after application of mind. Hence, their claims for the issue of Red Identity Card are not covered under the Govt. Policy and as such are rejected....."
The solitary contention raised on behalf of the petitioners is that at one point of time, an enquiry was held and the report dated 26.6.2009 (Annexure P-2) pursuant thereto contained the names of '1984 Riots effected families' including the petitioners.
Having heard learned counsel for the petitioners, I am of the considered view that inclusion of the petitioners' names in the list by itself is not a conclusive proof of they being the riots effected families. Suffice it to mention here that there could be a series of documentary proof to establish that the petitioners were also effected by those riots. If the petitioners are in possession of such proofs, liberty is granted to them to C.W.P.No.4373 of 2011 3 represent before the Deputy Commissioner, Tarn-Taran who in turn is directed to re-consider the petitioners' representation uninfluenced of the impugned order dated 2.11.2010 (Annexure P-13) and dispose of their claim by passing a speaking order within a period of three month from the date of receiving such representation.
Ordered accordingly.
Dasti.
March 10, 2011 (SURYA KANT) Mohinder JUDGE