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HC directs state to pay Rs 5 lakh as compensation The case of detenue dying in jail for want of medical treatment 8/20/2015 12:11:56 AM Early Times Report Jammu, Aug 19 : In a LPA filed by the state home department against a writ court judgment, a high court division bench of Chief Justice N Paul Vasanthakumar and Justice Hasnain Massodi dismissed the appeal of the state and directed it to pay Rs 5 lakh as compensation to the father of detenue who died in jail due to negligence on the part of the authorities concerned in giving timely treatment to the detenue. According to Ghulam Nabi Dar, his son Sajad Ahmad Dar was arrested in 1996 and later detained under PSA. However, he was released in 1998. Again the 2nd appellant passed the detention order on January 20, 2012 whereby Sajad was ordered to be lodged in district jail, Kupwara. The detention order was challenged by him through his father by raising various grounds and respondent prayed to set the detenue at liberty forthwith and also to pay a compensation of Rs 20 lakh for his illegal and unconstitutional detention. The said HCP was filed on February 11, 2012. During the pendency of the HCP, Sajad died on March 22, 2012 due to cardio pulmonary arrest while in detention. Ghulam Nabi then filed the petition in the state high court and the writ court directed state to pay Rs 5 lakh as compensation. Against this judgment, an appeal was filed. The bench, after hearing both the sides, observed that the prison authority who under the state is to act as " parens patriae" as the movement of the detenue was restrained. If there is any laxity on the part of the prison authorities in not providing timely treatment and the negligence is established and the detenue dies for that reason, the state is bound to give compensation to the family of the detenue. The Supreme Court in the decision reported in AIR 2015 SC 2062 (Gaurav Kumar Bansal v/s Union of India and others) has held that the state is a protector of life and liberty of the citizens as parens patriae particularly when the citizens are not in a position to protect themselves. The detenue, after passing 10+2 Diploma in Information Technology, was a young person who died in his young age. Thus the single judge was justified in ordering compensation of Rs 5 lakh to the detenue's father. The order was passed by the single judge on December 3, 2014. The said amount ordered is not paid due to the pendency of this appeal and this court having found that there is no merit in the appeal, the appellants are bound to pay 9 pc interest from the date of order of the single judge till the date of payment of compensation amount. The interest payable up to the date of payment shall be calculated along with Rs 5 lakh ordered and paid to the father of the detenue within four weeks from the date of receipt of this order. With these observations, the bench dismissed the appeal of the state.(JNF)   Share This News with Your Friends on Social Network     Comment on this Story

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