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2023 Supreme(Del) 2458

SWARANA KANTA SHARMA
Ved Yadav – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates appeared:
Mr. Vishesh Wadhwa, Advocate, for the Petitioner.
Mr. Yasir Rauf Ansari, ASC for the State with Mr. Adeel-ul-Hasan, Advocate, for the Respondent.

JUDGMENT

Swarana Kanta Sharma, J. The present writ narrates the story of petitioner, who seeks remedy as a convict inmate of Tihar Jail, and requests the Court to examine an important issue of human rights that has been overlooked by prison laws and rules.

2. This judgment, thus, examines the issue regarding payment of compensation and its quantum, to a convict inmate of Tihar Jail who has suffered injuries i.e. amputation of three fingers of the right hand while working in the factory of Tihar Jail. This Court examines this question since neither the Delhi Prisons Act, 2000 nor Delhi Prison Rules, 2018 deal with the issue in question, except for Rule No. 1084 of Delhi Prison Rules, 2018, which reads as under:

    "1084. Payment of compensation to prisoners who meet with accidents resulting in physical or mental disability, serious injury, death, or loss of health due to occupational diseases, as certified by the Medical Officer."

3. The petitioner seeks issuance of writ in the nature of mandamus directing the respondent to provide functional prosthesis for regular working of the amputated fingers of right hand at state expense in Airmid Hospital (situated at Samaypur, Delhi) or any ot

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