Excelsior Correspondent
Srinagar, Dec 5: The Jammu and Kashmir High Court today directed police to pay compensation to the next kin of deceased who died due to the negligence of authorities in Police custody.
Justice Mohammad Yaqoob Mir in a petition filed by father of the deceased directed the Government to pay Rs. 5 lakhs to the father of the deceased.
“Compensation amounting to Rs. 5 lakhs shall be apposite to be awarded in favour of the father of the deceased detenue to be paid by the respondents”, directed the bench.
Court ‘after payment of the said amount to the father of the deceased’ said that the respondents shall be at liberty to recover it from the negligent officials.
“They (respondents) shall be at liberty to recover from the wrong doers who have exhibited negligence while handling position of the detenue as pointed out by the enquiry officer”, said the court.
Referring the judgment of Supreme Court produced by petitioners counsel involving same issue, court said that the death has occurred due to delay on part of delinquent officials for not providing medical aid to the deceased on time.
“The death has occurred due to omission and commission, which include delay on the part of delinquent officials, therefore, father of the detenue is entitled to compensation”, said the court.
The deceased Sajad Ahmad Dar of Sopore was lodged in District jail, Kupwara in January 2012 under detention order passed by the District Magistrate Baramulla and was facing charges of 420, 467 and section 10 of unlawful activity act.
It was alleged that there has been negligence in not providing timely treatment to the deceased and Magisterial enquiry was ordered by DM Kupwara.
The enquiry report said:”If they would have taken the matter serious and shifted the deceased to hospital well in time a precious life could have been saved”, reveals the enquiry report.
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