High Court pulls govt on UTPs

SHILLONG, JULY 31: The Meghalaya High Court has pulled the state government and its agencies for lack of “sense of urgency” in term of investigation and prosecution leading to under trail prisoners (UTPs) languishing in jail for years.

In its order issued here, the division bench said, “It is an entirely unacceptable state of affairs that the UTPs continue to languish and the requisite sense of urgency is not exhibited on the part of the government and its agencies, be it the investigation wing or the prosecution.”

The bench headed by the chief justice Dinesh Maheshwari during the hearing noticed a few of glaring and rather shocking instances on a tentative summary/chart of cases of UTPs submitted by senior counsel HS Thangkhiew.

One of them being the Mendipathar PS Case No. 13 (02) of 2012, the accused is said to be in custody for more than 5 years and the matter is still under investigation.

Similar state of affairs was also noticed as regards the Bajengdoba PS Case No. 33 (10) of 2013 and Mendipathar PS Case No. 59 (07) of 2014 where the accused persons are said to be in custody beyond 3 years and the matters are still under investigation.

“It is beyond comprehension as to why these cases have remained pending for investigation for such an abnormal length of time while the accused persons continue to languish in custody,” the bench stated.

It also noticed that there are certain cases relating to Chockpot Police Station where the accused persons are in custody beyond five years and there are no details available as to why the matters are pending yet and what is the stage.

Thangkhiew submits that though he and his associates have attempted their best to compile the data gathered from the concerned Courts/authorities but several particulars could not be presented for want of necessary information.

With the regard to the seriousness of the issues involved, the bench said it is of the view that the necessary information ought to be properly collected by the government advocate from all concerned including the prosecution and investigation wings of the government.

It also directed that the entire information should be presented before the Court in a proper manner.

Meanwhile, the bench has also granted time to the state government to file specific affidavit with all relevant facts particularly on the cases of the under trail prisoners (UTPs) who are in custody beyond a period of 3 years.

Earlier, Counsel K Paul informed that so far GR Case No. 184(A) of 2005 is concerned, in which the accused is in custody for more than 12 years, after the directions of this Court, the trial has been concluded.

While delivering the judgment on July 28, the Additional Judge, District Council Court, Shillong has convicted the accused for offence under Section 302 IPC and the matter is posted for hearing on sentence today.

Paul also submits that the District Council Court is in the process of compiling all the information regarding the other pending cases and the same shall be presented before the Court within a couple of days.

The next date of hearing on the petition filed by the Meghalaya State Legal Services Authority on this regard has been fixed on August 3.