The Jammu and Kashmir High Court has granted a compensation of Rs. 5 lakhs to the family of an undertrial who was killed by a co-prisoner inside Srinagar Central Jail in 2013.
The Court, while delivering its judgment, highlighted that the prison authorities cannot evade their responsibility of ensuring the safety and security of undertrial prisoners, emphasizing that prisoners are entitled to their constitutional rights.
Brief Facts:
The family of the deceased who was an undertrial and killed by a co-prisoner, in their petition, sought compensation from the State, arguing that the authorities had a legal obligation to protect his life.
Contentions of the Appellant:
It was argued that the State and its functionaries had failed to fulfil their duty, resulting in the untimely death of their loved one and depriving them of his company and affection.
Contentions of the Respondent:
It was claimed that all necessary measures for the safe custody of prisoners were in place, and inmates were not allowed to possess prohibited items.
Observations by the Court:
Justice Sanjay Dhar, presiding over the Bench, rejected the State's contention that they cannot be held negligent due to the old structure of the jail, which allowed the co-prisoner to remove a stone from the wall and use it as a weapon to attack the deceased. It was emphasized that the State's admission of the deteriorating conditions of the jail and its failure to manage it properly clearly indicated negligence and callousness on its part.
It was further stated that even though the deceased, Mohammad Ismail Shah, was an undertrial in a murder case, the authorities were not absolved of their liability to ensure his safety and security.
It was opined that prisoners cannot be deprived of their constitutional rights except in accordance with the law, and therefore, the deceased was entitled to protection by the jail authorities.
The Court classified the incident as a custodial death, as it occurred while the deceased was in custody.
The Bench rejected the Respondents' argument, pointing out that the attack took place in the morning and could have been avoided if the watch and ward staff of the jail had been vigilant. It was ruled that the State's admission of negligence in managing the jail barracks highlighted the need for proper maintenance and security measures.
Considering the age of the deceased and the impact of his untimely death on his family, the High Court awarded compensation of Rs. 5 lakhs to the widow, sons, and daughters of the deceased. It directed the Government to make the payment within three months and specified that any delay would accrue interest at a rate of 6% per annum.
The decision of the Court:
Accordingly, the Respondents were directed to pay 5 Lakhs Rupees to the Petitioners.
Case Name: Mst Jana Vs State of J&K
Coram: Hon’ble Justice Sanjay Dhar
Case No.: OWP No.718/2015
Advocates of the Appellant: Advs. Mr. Z. A. Qureshi, Ms. Raziya Amin
Advocates of the Respondent: Advs. Mr. Mohsin S. Qadiri, Ms. Maha Majeed
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