Meghalaya records 38 custodial deaths

This was as per the affidavit filed by the state before the Meghalaya High Court during the hearing on a PIL on Tuesday.

A further affidavit has also been filed by the State through the Inspector General of Prisons confirming that the State’s affidavit of April 28, 2022 has brought on record the complete list of persons who have died in custody in the State since 2012.

The affidavit also indicated that in compliance with the previous order of May 2, 2022, the State has sent notices to the heirs of the 38 persons who have suffered custodial death in Meghalaya, which are being looked into by the Court.

The figures furnished by the State indicate a total number of 38 custodial deaths in the State since 2012.

The court in its order said though certain anomalies in the figures previously furnished by the State had been indicated by ASG, who has been appointed as Amicus Curiae, but there does not appear to be any further input regarding more deaths in custody during the relevant period.

It has directed the state to issue advertisements in select newspapers published from Shillong, Tura and Nongstoin inviting information on custodial deaths in addition to the 38 indicated by the State.

“The advertisements should provide that any person with verified information on any other custodial death in the State, apart from the 38 indicated by the State, during the period 2012 onwards, may write to the Court with supporting documents or may even appear before this Bench with all particulars in support,” the court said.

The order said the exercise that is now to be conducted is to ascertain which of the 38 deaths during the period may have been due to natural causes and which others may have been unnatural.

The post-mortem and magisterial reports pertaining to the custodial deaths are available and shall be specifically compiled in respect of the 38 cases for the Court to go through the same.

It is recorded that the NCRB statistics clearly indicated that the figures recorded therein are as obtained from the States and Union Territories without any independent verification of the causes of deaths by the NCRB.

Thus, it is imperative that this Court looks at the causes of death to ascertain as to whether the deaths accounted under the head of natural deaths, were, in fact, natural or from ordinary causes in the usual course.

Further, the court said in the event of unnatural deaths, a quantum of compensation would be required to be paid by the State to the heirs or next of kin of the deceased inmates.

Tentatively, the quantum of compensation is fixed at Rs 10 lakh as on date, with a provision for an increased amount if the age of the inmate who suffered an unnatural death was below 40 at the relevant time.

“The State should continue its endeavour to inform the heirs or next of kin of all the persons who died in custody in the State since 2012. However, the matter may not wait for such heirs or next of kin to be represented in the proceedings,” the court said.

Meanwhile, the court has sought the State’s compilation of the 19 cases of natural deaths.

The compilation should include the post-mortem reports and the magisterial enquiry reports in respect of every case and should be arranged in a chronological order, it said.

The next hearing will be held on June 29.

By Our Reporter