Excelsior Correspondent
Srinagar, June 16: The High Court has directed the Government to pay an amount of Rs 5 lakhs to the kins of under trial who was killed in jail by co-prisoner.
The legal heirs deceased-Mohammad Ismail Shah who was facing trial in a murder case and was lodged in Central Jail Srinagar. While undergoing custody in the jail, the deceased was attacked by a co-prisoner, Ghulam Hassan Malik, as a result of which the deceased received fatal injuries and he died in Central Jail, Srinagar.
Justice Sanjay Dhar while directing for compensation to the kins of deceased said, though the deceased was an under-trial in a murder case, the respondent-jail authorities were not absolved of their liability to ensure his safety and security in the jail.
Court observed that a prisoner cannot be deprived of his constitutional rights except in accordance with law. Therefore, 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”, reads the judgment.
Court said that his untimely death has deprived his legal heirs, 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 from the respondents whose negligence has resulted in his untimely death.
“Accordingly, the respondents are directed to pay a compensation of Rs.5 Lakhs to the petitioners within a period of three months from the date of announcement of this judgment and in case the amount of compensation is not paid to the petitioners within the aforesaid period, it shall carry interest @ 6% per annum from the date of this judgment. The amount of compensation shall be paid to the petitioners in equal shares”, Court directed.
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