The Jammu and Kashmir and Ladakh High Court on Friday ordered the government to pay a compensation of Rs five lakh to the family of the deceased in connection with the death of an undertrial prisoner lodged in a central jail in 2013. Mohd Ismail Shah, who was lodged in the jail, was killed by a fellow inmate by hitting him with a brick. Justice Sanjay Dhar's bench said that the respondents (state authorities) have themselves admitted that the jail building is very old. The fellow prisoner attacked Mohammad Ismail by taking out a brick from the prison wall. The death of the prisoner was due to the negligence of the authorities. Therefore, the defendants cannot absolve themselves of their responsibility for the custodial death of the deceased. The court noted that the deceased, Mohammad Ismail Shah, was an undertrial prisoner in a murder case, but the authorities were not absolved of the obligation to ensure his safety in jail.
A prisoner cannot be deprived of his constitutional rights as per law. Shah's untimely death has deprived his wife, sons and daughters of their love and affection, hence they are entitled to compensation.
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