"Can you manage the state without the assistance of others? Can you discriminate between natives and outsiders who lost their lives while serving in your state? We know that you have a special status," a bench headed by Chief Justice P Sathasivam said.
The court also took strong note of the affidavit filed by Additional Secretary General (Administration) on behalf of the state government and directed the Chief Secretary to file a detailed response.
The bench was hearing a PIL seeking a direction to the Centre and Jammu and Kashmir government to provide adequate security and safe passage to pilgrims stranded due to curfew in Kishtwar where communal clashes had taken place on the day of Eid-ul-Fitr.
The state government, in its fresh affidavit, however, has said, "The policy with regard to payment of ex-gratia relief to the paramilitary/security forces, defence personnel and J&K police personnel is being reviewed by the state government with the objective of providing an updated and comprehensive policy in this regard. An endeavour is is being made to complete this exercise within the shortest possible time."
"It is most respectfully submitted that where ex-gratia payments are made by way of discretionary relief, no legally enforceable right is vested in any beneficiary to claim equally or identical treatment with another beneficiary of ex-gratia reliefs under the same policy," the affidavit said.