SRINAGAR: In a significant ruling, the High Court of Jammu and Kashmir and Ladakh has ordered the government to provide a compensation of Rs 5 lakh to the family of an under-trial who was killed by a co-prisoner nearly a decade ago inside the Central Jail in Srinagar.
The bench, headed by Justice Sanjay Dhar, expressed strong disapproval of the state’s failure to effectively manage the jail barracks, resulting in conditions deteriorating to such an extent that a co-prisoner was able to extract a stone/brick from the wall and use it as a weapon to attack Muhammad Ismail Shah, the deceased under-trial in a murder case, reports appearing in the media said.
The court noted that the authorities themselves admitted the dilapidated state of the jail building, which facilitated the co-prisoner’s access to the “weapon”. This negligence and callousness on the part of the authorities, as stated by the court, directly contributed to the custodial death of the deceased. The court emphasised that the jail authorities were responsible for ensuring the safety and security of all prisoners, regardless of their criminal charges.
Highlighting the importance of upholding constitutional rights, the court asserted that the deceased, despite being an under-trial prisoner in a murder case, was entitled to protection by the jail authorities. The untimely death of Muhammad Ismail Shah, according to the court, deprived his widow, sons, and daughters of his love, affection, and companionship. As a result, the court ruled that the family should receive compensation from the authorities responsible for the “negligence” that led to the tragic incident.
Taking into account the age of the deceased, reported to be 48 years old at the time, and considering that all of the deceased’s children are now adults, the court deemed it just and fair to award an amount of Rs 5 lakh as compensation in favour of the petitioners (widow and children). The government has been instructed to disburse the compensation within three months.
Mohammad Ismail Shah, a resident of Kulgam, was attacked by another prisoner Ghulam Hassan Malik with a stone while he was asleep in his cell early today, the police said. Shah sustained grievous head injuries and was rushed to nearby Jawahar Lal Nehru Memorial Hospital at Rainawari and was later referred to Soura Medical Institute for specialised treatment. However, Shah later succumbed to injuries. A case was registered and a probe was on, he said.
Incidentally, Malik and Hassan both were accused of murder. Malik had killed his daughter-in-law and another person. A resident of Saidpora Shopian, Malik was held for another murder in the jail. Shah was also held for a different murder and was in jail since September 2009. Shah was murdered in jail by Malik on April 6, 2013.
