Srinagar: The State Human Rights Commission has ordered Jammu and Kashmir government to pay Rs 2 lakh as compensation to the next of kin of a prisoner who was killed allegedly due an attack with stone by a fellow jail inmate at central jail here in 2008.
The SHRC had taken cognizance of the matter after District Magistrate Srinagar forwarded a letter received by it from Superintendent Central Jail Srinagar, stating that an under-trial prisoner— Mohammad Ismail Shah don of Abdul Rahim Shah of Churat Kulgam got injury in his head due to attack by another prisoner with stone. Shah was shifted to JLNM Hospital Rainawari here from where he was evacuated to SKIMS Soura Srinagar where he succumbed to his injury, the SP jail said. A case (FIR No. 235 of 2008) was registered. Subsequent to the information, SHRC issued a notice to the jail authorities, Principal Secretary (Home) and Director General of Police (Prisons) for their reports.
In compliance, Superintendent Central Jail Srinagar submitted the report, stating that as usual, the jail staff always keeps inside jail premises free from weapons. “However, it is pertinent to mention here that jail building (barracks) are decades old structured with the result Ghulam Hussan Malik (accused) jail inmate managed to remove stone from the wall and attacked deceased (Shah).”
An inquiry by prisoner department also concluded the incident to be an “isolated one which happened in the spur of moment and apparently does not seem to be the result of any laxity or inadequate measures.”
After hearing CPO for the state and scanning the material on record and the various reports submitted by the DGP Prisons J&K and DIG Prisons J&K, the commission did not find anybody of the prison department at fault.
Member SHRC Jang Bahadur Singh Jamwal observed that the state Government has floated beneficial schemes including Jammu and Kashmir Victim Compensation Scheme-2013 which culminated into legislation of Jammu and Kashmir Victim Compensation Act, for providing succour to the victims.
“In these circumstances, it is moral and legal duty of the Commission to compensate the NOKs of the deceased under-trial prisoner. While referring the schedule the Government of J&K has fixed sum of rupees two lacs for the loss of life. Accordingly, NOKs of the deceased Mohammad Ismail Shah son of Abdul Rahim Shah of Churat Kulgam be paid a sum of rupees two lakhs,” the commission said ordered that a copy of the judgment shall be sent to Chief Secretary with the direction to pay sum of Rs two lakhs to the NOKs of Shah within 30 days.
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