Delhi HC refuses to entertain PIL seeking reservation for terror attack survivors, victims’ kin

A bench of Chief Justice D K Upadhyaya and Justice Tejas Karia opined that, being a policy decision, such issues fell outside the courts domain, and asked the petitioner, South Asian Forum for People against Terror, to approach the concerned authorities with its representation.

The Delhi High Court on Wednesday refused to entertain a PIL seeking reservation in government jobs and other benefits for survivors and next-of-kin of victims of terror attacks. A bench of Chief Justice D K Upadhyaya and Justice Tejas Karia opined that, being a policy decision, such issues fell outside the courts' domain, and asked the petitioner, South Asian Forum for People against Terror, to approach the concerned authorities with its representation. ''Two per cent reservation in government jobs? There is a difference between the protection of already existing rights and the creation of new rights… All this is a matter of policy. Can the courts issue such directions? ''All the prayers made in the writ lie in the realm of policy decision, which is primarily the reserve and prerogative of the government. Accordingly, without making any observations on the merits of the claim, we permit the petitioner to make a representation for redressal of grievances to the appropriate authority,'' the bench said. Once such a representation is made, the authorities will look into it, the court added. The petitioner said that it filed the PIL to safeguard the rights of the victims of terror attacks in Delhi. It sought increased compensation for the victims of terrorist attacks/bomb blasts/Naxal violence, medical assistance, and a 2 per cent reservation in government service. The petitioner said that survivors and kin of terror attack victims approached the forum claiming they were facing difficulties on account of ''insufficient'' compensation given by the government. The petitioner said the compensation was not enough for the survival of the affected families after the loss of the sole breadwinners, while many survivors were not able to get a job.