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HC awards Rs 5 lakh for detainee's death 12/5/2014 10:42:33 PM Srinagar, Dec 5: Negligence cannot be termed criminal in absence of criminal intent, the J&K High Court has ruled while awarding Rs five lakh as compensation to family of a youth who died at SK Institute of Medical Sciences here just hours after his shifting from Kupwara jail where he was lodged under Public Safety Act. Sajad Ahmad Dar of Sangrampora Sopore was detained in November 2011 on criminal charges and was booked under Public Safety Act (PSA). His family had blamed Kupwara district Jail staff for the death which occurred on March 22, 2012, 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. A magisterial inquiry had indicted the Jail superintendent of "negligence in discharging his duties". "Keeping in view the position of overall circumstances, the negligence cannot be termed criminal in absence of criminal intent, therefore, compensation amounting Rs 5 lakhs shall be apposite to be awarded in favour of the father of the deceased detenue to be paid by the respondents which after payment, shall be liberty to recover (the money) from the wrong doers who have exhibited negligence while handling position of the detenue as point out by the enquiry officer," a single bench of the court comprising Justice Mohammad Yaqoob Mir said disposing of a petition filed by the family.   Share This News with Your Friends on Social Network     Comment on this Story

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