SHRC orders Rs 5 lakh compensation to father for son’s disappearance from psychiatric hospital

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Srinagar: The State Human Rights Commission has directed Department of Medical Education to pay an interim compensation of Rs 5 lakhs to a man whose son disappeared from Psychiatric Diseases   Hospital here, ten days after he was admitted for treatment in 2007.

Ghulam Nabi Wani of Shangus Anantnag had petitioned the commission, alleging negligence of the hospital, leading to the disappearance of his son a decade ago.

Dr Maqbool, Medical Superintendent Psychiatric Diseases Hospital Srinagar, submitted that at the relevant point of time he was not in-charge of the hospital and one Doctor H.U. Shah, who has retired from the service, was the MS.

“One thing is clear that the petitioner (Wani) has lost his ailing son because of the negligence of the hospital staff,” SHRC chairperson Justice (rtd) Bilal Nazki said.

Wani’s son was admitted in hospital on 12 July 2007 and according to the report filed by present Medical Superintendent he was diagnosed as  a case  of Schizophrenia (a chronic and severe mental disorder that affects how a person thinks, feels, and behaves).

“He disappeared from the hospital just after ten days and till date he has not been found,” the commission said.

Police and additional Deputy Commissioner also narrated the same story, the SHRC observed from the record.

“Since more than (ten) years have passed from the date of disappearance of the son of the petitioner, it can be presumed in law that he is dead. In these circumstances, it is directed that the Department of Medical Education shall give an interim compensation of rupees five lakhs to the father of the victim,” the SHRC said.

The commission also directed Dr. Maqbool to provide address of Dr H U Shah and asked its registry to issue a summon him. “The culpability of the Dr. H.U shall, if any, will be decided after he appears before the Commission,” the commission said and posted the case for further consideration after a month.


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