1. In pursuance of impugned order of detention No.53/DMB/ PSA-2011 dated 20.1.2012, passed by District Magistrate, Baramulla, detenue was detained under J&K Public Safety Act, 1978. Superintendent of Police, Sopore was under direction to get the detenue examined by the Government Medical practitioner of the respective jurisdiction at the time of execution of the warrant and to inform the legal heirs of the detenue about his detention. In pursuance to the said order, detenue had been lodged in District Jail, Kupwara. The detenue was also involved in the case FIR No.331/2011 P/S Sopore under Sections 420, 467 RPC and 10 ULA(P) Act. The detenue when fell ill was referred to SKIMS where he died on 22nd March, 2012 at 12.30 PM due to Cardio Pulmonary Arrest.

2. It was alleged that there has been negligence in not providing timely treatment to the deceased based on which District Magistrate, Baramulla, vide his order No.490-DMK/Adm of 2011 dated 22.03.2012 had ordered Magisterial enquiry through Additional District Magistrate, Kupwara.

3. The instant petition was filed by the detenue through his father seeking quashment of the detention order No. 53/DMB/PSA2011 dated 20.1.2012. During pendency of the petition it was pointed out that the detenue died for want of medical treatment.

4. Vide order dated 3rd April, 2012, respondents No.2 and 4 were directed to file status report within one week as to how and under what circumstances the detenue died. The status report has been filed, perusal of which reveals that the detenue was sent to SDH, Kupwara for Opthalmic check up on 20.03.2012, thereafter was again medically checked up by Dr. Mukhtar of SDH Kupwara in Jail Hospital on 21.03.2012 and the treatment prescribed by the visiting doctor was provided to him, the detenue on the intervening night of 21/22nd March, 2012 at 4 AM was sent to SDH Kupwara for treatment wherefrom he was referred to SKIMS under proper police escort, Pharmacist of District Jail, Kupwara accompanied him, the detenue remained admitted in SKIMS where he breathed his last and thereafter post-mortem was conducted.

5. The enquiry officer as appointed by District Magistrate conducted detailed enquiry and submitted the report to the District Magistrate on 2.4.2012 wherein it is concluded as under:

The deceased was physically unfit having some acute problems and needed special treatment, was not provided sufficient treatment which led to his death.

The Jail Authorities, even though, they were advised by the concerned Doctors from time to time for hospitalization of the deceased prior to his death, did not take sufficient measures for his treatment resulting his death.

That none among the Medical/Paramedical staff members was present on duty at the date of incident, which shows the negligence and carelessness of the Jail authorities.

The post-mortem report shows the cause of death due to Cardio Pulmonary Arrest along with fire Arm injury on right side of the Head, Epileptics with Asp Pneumonia. The later ones could have been avoided had the timely treatment being given to the deceased.

The Jail Authorities did not care for the life of the deceased and preferred escort that too very late at 4:30 AM(22.3.2012) even though they were aware about the condition of the deceased since 09.00 PM (21.3.2012), they waited for the whole night and preferred escort in the morning and left the Jail at about 07.00 AM in the morning on 22.3.2012 delaying about 10(Ten) hours, if they would have taken the matter serious and shifted the deceased to hospital well in time a precious life could have been saved.

6. District Magistrate had submitted the enquiry report to Divisional Commissioner, Kashmir, who in turn submitted the same to the Chief Secretary J&K vide his communication No. Divcom/RA-Enq/(18)/2012 dated 23.02.2012. As against the erring officials figuring in the enquiry report, action was recommended to be taken.

7. So far as then I/C Superintendent District Jail, Kupwara is concerned, Director

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