From Financialexpress · FE News Desk · · 1m 50s
Court upholds Rs 6 lakh recovery from BSF jawan
High court confirms BSF soldier fraudulently claimed militant killings to get Rs 6 lakh ex-gratia.
In brief
High court confirms BSF soldier fraudulently claimed militant killings to get Rs 6 lakh ex-gratia. Jammu and Kashmir and Ladakh High Court upheld recovery of Rs 6 lakh from BSF jawan who falsely claimed six family members died in militant violence in 1993. Originally reported by Financialexpress.
Court upholds Rs 6 lakh recovery
Jammu and Kashmir and Ladakh High Court upheld recovery of Rs 6 lakh from a Border Security Force personnel after finding he fraudulently claimed six family members were killed by militants in 1993.
“The court found that the relatives had actually migrated to Pakistan-occupied Kashmir (PoK) and were alive”
Claim of six militant killings
The BSF jawan from Kupwara’s Shalla Bathu village claimed six family members died in militant violence in 1993, leading to Rs 6 lakh ex-gratia relief paid in 1997.
“Rs 1 lakh per deceased, totalling Rs 6 lakh”
1999 report exposed fraud
A 1999 newspaper report alleged relief was paid to families whose members had migrated to Pakistan-occupied Kashmir and were alive.
“relief had been paid to families whose members had not died but had instead crossed over to PoK”
Court finds shifting claims
The court identified contradictions in the petitioner’s narrative, including a 1990 firing incident versus 1993 militant violence claims.
“The petitioner’s lack of candor is clear from his repeatedly shifting claims”
No bodies recovered
The court noted no physical evidence of the allegedly deceased family members was ever handed over to the petitioner.
“not a single body of the allegedly deceased family members was ever handed over to the petitioner”
4-year delay in claims
The police daily diary entry recording the incident was made in March 1997, nearly four years after the alleged killings.
“The police daily diary entry recording the incident was made only in March 1997”
Unjust enrichment ruling
The court held that retaining the Rs 6 lakh would amount to unjust enrichment since the basis for the relief was proven false.
“allowing the man to retain the Rs 6 lakh would amount to unjust enrichment”
Recovery in 30 monthly instalments
Authorities directed recovery of Rs 6 lakh from his salary in 30 monthly instalments starting August 2023 after a 2022 order.
“recovery in 30 monthly instalments from August 2023”
Court dismisses plea
The court dismissed the BSF jawan’s plea against recovery, upholding the order to recover Rs 6 lakh from his salary.
“The court dismissed the plea, upholding the recovery order”
The main idea
Jammu and Kashmir and Ladakh High Court upheld recovery of Rs 6 lakh from BSF jawan who falsely claimed six family members died in militant violence in 1993.
