HC directs Magistrate to file affidavit
Detainee’s Death In Kupwara Jail
D A RASHID
Srinagar, May 17: The High Court on Thursday directed the District Magistrate Kupwara to make the Court aware about how the matter of youth’s death in sub district jail Kupwara has been dealt with after the Additional District Magistrate (ADM) submitted the inquiry report.
“Let an affidavit be filed on behalf district magistrate Kupwara wherein it shall be clearly indicated as to how the matter has been dealt with on receipt of the inquiry report” reads the Court order.
Sajad Ahmad Dar son of Ghulam Nabi Dar, of Sangrampora Sopore, who was booked under Public Safety Act for his alleged involvement in a militancy related case, was shifted to SKIMS on March 22, 2012 by the policemen from sub district jail Kupwara after he complained of pain in the head. He had died two hours after he was admitted to SKIMS.
Court of Justice Muhammad Yaqoob Mir passed the direction after counsel for the petitioner, Mian Abdul Qayoom submitted that despite the fact that inquiry repot of ADM indicts the jail authorities for being negligent in providing medical treatment to the deceased, no action has been taken against the culpable.
“In case matter has been recommended to the government for any action, an affidavit shall be filed on behalf of appropriate authority to indicate what decision has been taken by the government on the basis of the inquiry report” Justice Mir held.
Additional Advocate General, Shabir Ahmad Naik representing the state in the case informed the court that ADM Kupwara after conducting an inquiry has submitted report to District Magistrate Kupwara.
Naik told the Court that DM Kupwara has submitted the report to the government recommending for an appropriate action.
In case matter has been recommended to the government for any action, an affidavit shall be filed on behalf of appropriate authority to indicate what decision has been taken by the government on the basis of the inquiry report.
The court directed that all the requisite affidavits be filed within two weeks and the case be listed for next hearing in the week commencing June 4.
The High Court had on April 3 this year had directed the District Magistrate Baramulla and Superintendent District Jail Kupwara to file status report about the circumstances which led to the death of a detainee in the jail.
Lastupdate on : Thu, 17 May 2012 21:30:00 Makkah time
Lastupdate on : Thu, 17 May 2012 18:30:00 GMT
Lastupdate on : Fri, 18 May 2012 00:00:00 IST
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