Jammu & Kashmir And Ladakh High Court Orders State To Pay Rs 5 Lakh Compensation To Family Of Undertrial Killed In Srinagar Central Jail
Granting a compensation of an amount of Rs. 5 Lakh to the kin of an undertrial who was killed as a result of an attack by a co-prisoner inside Srinagar Central Jail, the Jammu and Kashmir and Ladakh High Court observed that the prison authorities cannot be absolved of their duty to ensure the safety and security of the undertrials."Even though the deceased was an undertrial in a murder case,...
Granting a compensation of an amount of Rs. 5 Lakh to the kin of an undertrial who was killed as a result of an attack by a co-prisoner inside Srinagar Central Jail, the Jammu and Kashmir and Ladakh High Court observed that the prison authorities cannot be absolved of their duty to ensure the safety and security of the undertrials.
"Even though the deceased was an undertrial in a murder case, the respondents were not absolved of their liability to ensure his safety and security in the jail. A prisoner cannot be deprived of his constitutional rights except in accordance with law," Justice Sanjay Dhar said.
In their petition, the kin of the deceased had sought compensation from the State, arguing that the authorities were under a legal obligation to protect his life. It was further submitted that the State and its functionaries had failed to discharge their legal duty and as a result of which they have been deprived of the company and affection of their kin due to his untimely death.
The respondents submitted that all the measures regarding safe custody of the prisoners were taken and the jail inmates were not allowed to keep any prohibited article in their possession. However, since the jail buildings/barracks are old structured, a co-prisoner managed to remove a stone from the wall with which he attacked the deceased, the respondents informed.
Justice Dhar in the ruling noted that when the deceased was in custody, his homicidal death took place when he was attacked by co-prisoner and thus his death can safely be termed as ‘custodial death’. It is true that the respondents have launched prosecution against the co-prisoner for having caused death of the deceased but that does not absolve them of their responsibility to ensure the safety of the deceased who was lodged in the jail at the relevant time, the bench said..
Rejecting the argument of the respondents that all safety measures had been put in place, the court said the attack had taken place at 7 AM in the morning and had the watch and ward staff of the jail been vigilant, this incident could have been avoided as the incident has taken place in the morning and not in the dead of night.
Justice Dhar observed that the respondents have themselves admitted that jail building is 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.
"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," said the court.
Observing that the deceased despite being an undertrial prisoner in a murder case was entitled to protection by the jail authorities, the court concluded that his untimely death has deprived the petitioners, who happen to be the widow, sons and daughters of the deceased, of his love and affection as also his company, as such, they are entitled to compensation.
Case Title: Mst Jana Vs State of J&K
Citation: 2023 LiveLaw (JKL) 162