Excelsior Correspondent
JAMMU, Aug 19: Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Hasnain Massodi today dismissed the appeal of the State Home Department with the direction to pay Rs 5 lakh compensation to the father of detenue, who died in jail due to negligence on the part of the jail authorities in giving him timely treatment.
After hearing both the sides, Division Bench observed, “the prison authority is to act as “ parens patriae” as the movement of the detenue was restrained. If there is any laxity on the part of the prison authorities in not providing timely treatment and the negligence is established and the detenue dies for that reason, the State is bound to give compensation to the family of the detenue”.
Quoting judgment of the Supreme Court in Gaurav Kumar Bansal Versus Union of India and Others, which states that State is a protector of life and liberty of the citizens as parens patriae particularly when the citizens are not in a position to protect themselves, the Division Bench dismissed the appeal of the State and said, “the appellants are bound to pay 9% interest from the date of order of the Single Judge till the date of payment of compensation amount. The interest payable up to the date of payment shall be calculated along with Rs 5 lakh and paid to the father of the detenue within four weeks from the date of receipt of this order”.
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