State responsible for prisoner's death, states Delhi HC, awarding compensation
New Delhi: It is the duty of the State to ensure the safety and well-being of prisoners in its custody, and "gangs" are not permitted to proliferate in jails,
Delhi High Court
has said while awarding compensation to the kin of a man who died in a fight due to gang rivalry inside Tihar jail.
Delhi HC said the State cannot shrug off responsibility by claiming that the convict was involved in a fight between gangs, adding that authorities owe a duty to ensure the security of the general public, including persons who are incarcerated, and compensate in cases of unnatural deaths in custody.
"This court is of the firm opinion that it is the bounden duty of the State to ensure the safety of persons who are in its custody.
While the deceased may have had criminal antecedents, the State is not absolved of its duty to ensure the safety and well-being of prisoners," Justice Harish Vaidyanathan Shankar observed in a recent order.
The court directed the Delhi State Legal Services Authority (DSLSA) to pay Rs 3 lakh in compensation to the kin of the deceased, Javed—Rs 1 lakh of which has already been paid earlier to his mother, who has since passed away.
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The court noted that the authorities' contention that two rival gangs instigated the altercation, in which the victim was involved, "would not absolve the authorities of their bounden responsibility" to maintain prisoner safety and security.
The bench further remarked that the fact that such a violent altercation occurred, with rival gangs having access to weapons or tools used to inflict fatal injuries on Javed, "speaks highly of the manner in which jail authorities discharged their duties."
The compensation petition was originally filed by Javed's mother, who stated that her son had served seven years of imprisonment in a criminal case and was scheduled for release on May 5, 2013. However, she was informed of his death on May 3, 2013, reportedly due to a fight between inmate groups. The mother, who was granted an interim compensation of Rs 1 lakh, died in 2016. Thereafter, Javed's siblings and their children continued the litigation, seeking compensation on the basis that they were financially dependent on him.
In addition to awarding Rs 2 lakh compensation, the court directed the DSLSA to conduct a fact-finding inquiry to assess the actual physical or monetary dependence of the siblings and their children on Javed, in order to determine the precise loss or injury suffered.
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