Murder of under trial in jail
Excelsior Correspondent
JAMMU, June 17: Justice Sanjay Dhar of Jammu & Kashmir and Ladakh High Court has directed the Government to pay Rs 5 lakh as compensation to the family of an under-trial who was killed by a co-prisoner inside Central Jail Srinagar nearly a decade ago.
“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 (authorities)”, Justice Sanjay Dhar said.
The authorities, the court said, have themselves admitted that the jail building was 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.
Justice Sanjay Dhar observed that the jail authorities have failed to ensure safety and security of the unfortunate under-trial prisoner. “Therefore, they cannot escape their responsibility for the custodial death of the deceased”, the court added
This negligence and callousness on the part of authorities, the court said, has resulted in the death of the deceased inside the jail. The court observed that even though the deceased was an under trial in a murder case, the authorities were not absolved of their liability to ensure his safety & security in the jail.
Observing that the prisoner cannot be deprived of his constitutional rights except in accordance with law, the court said 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”, Justice Dhar said, adding “Shah’s untimely death has deprived his widow, sons and daughters of his love and affection as also his company”.
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