HC seeks proper tabulation of custodial deaths

During the hearing on the matter related to the prison conditions, a further affidavit has been filed pursuant to the previous order issued on April 13.

However, Amicus Curiae said that there are several names which are still missing from the State’s list of custodial deaths from the year 2012.

The State has referred to the judgment reported at (2017) 10 SCC 658 (Re-Inhuman Conditions in 1382 Prisons).

The court said as much as the State places reliance on paragraph 58.1 of the judgment as to the ambit of the present proceedings initiated pursuant to the directions issued in the aforesaid Supreme Court judgment, the State refers to the exercise directed to be undertaken by the National Crime Records Bureau as indicated at paragraph 58.3 of the judgment.

“In view of such submission, Dr N Mozika who has been appointed as Amicus Curiae in the matter, is requested, in his capacity as Assistant Solicitor-General to require the result of the exercise that must have been conducted by NCRB in terms of paragraph 58.3 of the Supreme Court judgment to be furnished for the appropriate tabulation of custodial deaths in the State since 2012,” it said.

“Both K. Khan, appearing for the State, and Amicus Curiae are requested to, at least, finalise all the names and, upon obtaining the NCRB distinction in terms of paragraph 58.3 of the Supreme Court judgment, tabulate the nature of death in each case pertaining to the custodial deaths in the State since 2012,” the court added.

Meanwhile, the court has also directed the state government to identify the heirs of all persons who suffered custodial death during the relevant period and inform such heirs regarding the pendency of the present proceedings.

“Such heirs and legal representatives of the persons who died in custody will be formally added as parties at a later stage but they must be made aware of the present proceedings. This will also help in the exercise of reaching compensation, if any, to such heirs upon the quantum thereof being decided in course of the present proceedings,” it asserted.

The next hearing on the matter will be held on May 31.

By Our Reporter