High Court reserves judgment
DEATH OF DETAINEE
D A RASHID
Srinagar, Feb 7: The Jammu and Kashmir High Court Thursday reserved the decision on a petition filed by the family of a detainee who had died after being shifted to SKIMS Soura from Sub-District Jail Kupwara in 2012.
A bench of Justice Muhammad Yaqoob Mir reserved the judgment after hearing arguments of the counsels representing the parties. Victim family’s counsel, Mian Abdul Qayoom pleaded that an FIR be registered against those who are responsible for Dar’s death.
He also pleaded that contempt proceedings should be initiated against jail authorities for not following the Apex Court’s D K Basu Judgment in the case. He also demanded a compensation of Rs 20 lakh for the family.
The Court asked Additional Advocate General, SA Naik representing the government in the case to produce before it the medical records of the detainee including the post mortem report.
Naik was also asked to produce the records whether any medical check up was conducted on the detainee as also the records detailing medical check ups of other detainees.
A magisterial inquiry ordered by the government to look into the reasons which led to the death of a 25-year old had indicted the jail authorities for his death last year.
In its Action Taken Report (ATR) filed in state High Court into the death of Dar, Director General of Prisons had said that acts of omission or commission on part of then in-charge Superintendent District Jail Kupwara cannot be attributed to have caused the death of the youth.
“Nevertheless, there has been certain amount of carelessness, non-seriousness and lapse on his part which deserves major penalty. As such a punishment of withholding his annual increment and promotion for one year is hereby imposed upon him,” the DGP had said.
Sajad Ahmad Dar son of Ghulam Nabi Dar, of Sangrampora Sopore, who was booked under Public Safety Act (PSA) 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 died two hours after he was admitted to SKIMS.
The High Court had on April 3 this year directed the District Magistrate Baramulla and Superintendent District Jail Kupwara to file the status report about the circumstances which led to the death of a detainee in the jail.
Lastupdate on : Thu, 7 Feb 2013 21:30:00 Makkah time
Lastupdate on : Thu, 7 Feb 2013 18:30:00 GMT
Lastupdate on : Fri, 8 Feb 2013 00:00:00 IST
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