Srinagar, Oct 11: Jammu and Kashmir High Court has asked the government to file an affidavit stating as to what “legal action” it is proposing to take against an officiating Kupwara district jail superintendent, who was indicted for negligence of detainee’s death by magisterial inquiry.
A magisterial inquiry had indicted the Jail superintendent of “negligence in discharging his duties” after a probe was carried out into the death of a Sopore youth, Sajad Ahmad Dar who died in the jail in March this year.
Justice Verinder Singh passed the direction after hearing the counsel for the victim family, Mian Qayoom, and Additional Advocate General S A Naik representing the state in the case.
“It becomes imperative to have an affidavit by Principal Secretary Home making it clear what legal action government is proposing to initiate against the Superintendent,” the court observed.
After Naik sought time to file the report on the further action to be taken against the jail officer, the court granted one week to the government to file it.
Arguing the case, Qayoom submitted before the court that an FIR against the delinquent officials should be registered “It is a palpable negligence on part of the Jail officials which caused death of the youth. If action is not taken against the culpable, it will amount to a colossal injustice” Qayoom argued.
Sajad Ahmad Dar of Sangrampora Sopore was detained in November last year on criminal charges and was booked under Public Safety Act (PSA). His family had blamed Kupwara district Jail staff for the death, saying they failed to provide him medicare at the appropriate time. Following the protests over the death of Dar, the Government had ordered a magisterial inquiry into the matter and District Magistrate, Kupwara, had appointed Additional District Magistrate, Kupwara as Inquiry Officer to probe Sajad’s death.
The inquiry had indicted an officiating Jail Superintendent of district jail Kupwara for being negligent in providing the timely medical care to Dar.
Sajad had died on March 22 at SKIMS and doctors had said that youth was suffering from “Aplitic- us” and there were “Multiple Caesar Episode” a day before he was admitted at the institute.