Jammu June-17-2023:- Justice Sanjay Dhar of Jammu & Kashmir and Ladakh High Court the government to pay Rs 5 lakh as compensation to the family of an under-trial who was killed by a co-prisoner inside Central Jail Srinagar nearly a decade ago.
“The fact that the respondent State has failed to properly manage the jail barracks and allowed condition of the same to deteriorate to such a level that a co-prisoner was able to take out a stone/brick from the wall, shows clear negligence and callousness on the part of the respondents (authorities)”, Justice Sanjay Dhar said and directed the government to pay the compensation to, Muhammad Ismail Shah, who was an undertrial in a murder case.
The authorities, the court said, have themselves admitted that the jail building was very old and the co-prisoner managed to take out a stone from the wall of the jail which he used as a weapon of attack upon the deceased.
Justice Sanjay Dhar observed that the jail authorities have failed to ensure safety and security of the unfortunate under-trial prisoner: “Therefore, they cannot escape their responsibility for the custodial death of the deceased”.
This negligence and callousness on the part of authorities, the court said, has resulted in the death of the deceased inside the jail. The court observed that even though the deceased was an undertrial in a murder case, the authorities were not absolved of their liability to ensure his safety & security in the jail.
Observing that the prisoner cannot be deprived of his constitutional rights except in accordance with law, the court said the deceased in the instant case despite being an under-trial prisoner in a murder case was entitled to protection by the jail authorities.
“Since his killing took place while he was in jail, he was deprived of his life in contravention of the law.”
Justice Sanjay Dhar further observed that Shah’s untimely death has deprived his widow, sons and daughters of his love and affection as also his company and held them entitled to compensation from the authorities whose “negligence” has resulted in his untimely death.“Having regard to the age of the deceased, who, as per the postmortem report, was 48 years old at the relevant time, and keeping in view the fact that all the children of the deceased are major, ends of justice would be met if an amount of Rs.5 (lakh) is awarded as compensation in favour of the petitioners (widow and children) to be paid by the respondents,” the court said.
The Court directed the government to pay Rs 5 lakh as compensation to the family of the deceased within three months. JNF