Airstrike victims to get compensation

PHC allows petition filed by a Khyber resident whose family was killed in 2013

PESHAWAR:

The provincial high court of Khyber Pakhtunkhwa (K-P) has accepted a petition seeking compensation for a group of people who were killed during an airstrike at alleged hideouts of terrorists in the K-P's Khyber district in 2013.

According to the petition, fighter jets on January 31, 2013 bombarded the residence of the petitioner, Ghazi Jan, at the Kuki Khel area of the former Khyber Agency.

The attack resulted in the death of five members of his family including his mother, wife, son and two daughters. Jan and another person also sustained injuries while four rooms of his house were completely destroyed.

Following the incident, an application was submitted by Madokhel jirga to the then assistant political agent of Khyber Agency who forwarded the same to the political agent for award of compensation.

After an inquiry, the political agent ordered compensation of Rs3 lacs per deceased. The petitioner contended that Rs1 lac was paid to each injured but asserted that no compensation was awarded for the destroyed house.

Being not satisfied with compensation amount, the petitioner filed a writ petition which the Peshawar High Court (PHC) disposed of on April 19, 2022 as it directed the K-P chief secretary to look into the matter keeping in view the earlier judgments passed in WP No.59-P/2016 and W.P No.3562-P/2017.

As the matter could not be decided as directed by this court, the petitioner resorted to filing contempt petition. During the pendency of the contempt petition, the representatives of the respondents made a commitment to comply with the PHC orders. The contempt plea was later disposed of.

Finally, the government contended that the facts of the case of the petitioner were different from WP No.59-P/2016 and WP No.3562-P/2017 and therefore, he was not entitled to receive compensation.

Feeling aggrieved, the petitioner filed the constitutional petition, seeking appropriate relief.

After hearing arguments of both parties, Justice Fazal Subhan of the PHC allowed the petition, directing the ministries of defence, SAFRON and the Finance Division to arrange for the payment of compensation to the petitioner at the earliest at the rate of Rs10,94,816 per deceased.

However, it ordered that Rs3,00,000 per deceased earlier paid to the petitioner by the political authorities of the former Khyber Agency be deducted from the amount.