LPAHC No. 36/2015 and CMP No. 337/2014. Case: State of Jammu and Kashmir and Ors. Vs Sajad Ahmad Dar. Jammu and Kashmir High Court

Case Number:LPAHC No. 36/2015 and CMP No. 337/2014
Party Name:State of Jammu and Kashmir and Ors. Vs Sajad Ahmad Dar
Counsel:For Appellant: Asif Ahmad Bhat, AAG and For Respondents: M.A. Qayoom, Advocate
Judges:N. Paul Vasantha Kumar, C.J. and Hasnain Massodi, J.
Issue:Civil Procedure Code
Judgement Date:July 30, 2015
Court:Jammu and Kashmir High Court
 
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Order:

N. Paul Vasantha Kumar, C.J.

  1. This appeal is filed by the appellants against the order dated 03.12.2014 made in HCP No. 23/2012, granting a sum of Rs. 5 lacs as compensation to the father of the deceased detenue, noting the negligence on the part of the Jail authorities in giving the timely treatment to the detenue, to be paid by the State. The father of the detenue has challenged the detention order passed under the Jammu and Kashmir Public Safety Act, 1978 and during the pendency of the HCP the detenue died on 22.03.2012 at 12.30 PM due to Cardio Pulmonary Arrest.

  2. The case projected by the respondent before the learned Single Judge was as follows:--

    The respondent's son, namely, Sajad Ahmad Dar, was arrested in the year 1996 and was later detained under the Public Safety Act. However, he was released in the year 1998. Again the 2nd appellant passed the detention order on 20.01.2012 whereby the son of the respondent was ordered to be lodged in District Jail Kupwara. The said detention order was challenged by the deceased detenue through his father by raising various grounds and respondent prayed set the detenue at liberty forthwith and also to pay compensation of Rs. 20 lacs to the detenue for his illegal and unconstitutional detention. The said HCP was filed on 11.02.2012.

  3. During the pendency of the said HCP the detenue, namely. Sajad Ahmad Dar, died on 22.03.2012 at 12.30 PM due to Cardio Pulmonary Arrest, while in detention. Therefore the issue with regard to the payment of compensation only was argued at the time of hearing of the HCP by contending that the detenue was arrested by Sopore Police on 22.12.2011 in connection with FIR No. 331/2011 under Sections 420, 467 RPC and 10 ULA, alleging that the detenue played a significant role in creating an atmosphere of fear and terror and contributed largely to subvert the peaceful situation and order under the Public Safety Act was passed in Order No. 53/DMB/PSA/2011 dated 20.01.2012. The detention order was approved by the Government on 23.01.2012 which was executed on 24.01.2012 and the detenue was lodged in District Jail Kupwara on 24.01.2012. The as per the Medical Certificate issued by the concerned police authorities the detenue was fit at the time of his lodgment. On 20.03.2012, as per the advise of the Medical Officer the detenue was sent to Sub District Hospital (SDH) Kupwara for ophthalmic check up. Again he was medically checked by Dr. Mukhter of SDH Kupwara in Jail on 21.03.2012 and treatment was prescribed by the visiting doctor. On the intervening night of 21st/22nd March, 2012 at 4 A.M the detenue was sent to SDH Kupwara for treatment wherefrom he was referred to SKIMS for future course of treatment under police escort. The Pharmacist of District Jail Kupwara accompanied the detenue who was admitted in SKIMS from 10.30 AM to 12.30 PM when he breathed his last. The said version is stated by the District Magistrate Baramulla in his status report submitted in terms of directions issued by this Court on 03.04.2012.

  4. After the demise of the detenue a Magisterial inquiry was ordered by the District Magistrate Baramulla into the death of the detenue on 22.03.2012 and the inquiry was initiated on 24.03.2012. In the Magisterial inquiry it was found that...

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