The Meghalaya High Court has requested senior lawyer Dr. N Mozika, in his capacity as Assistant Solicitor-General, to inquire the result of the exercise conducted by the National Crime Records Bureau (NCRB) for tabulation of custodial deaths in the State since 2012.
The request by the High Court followed the contention by Dr. Mozika who is also the Amicus Curiae that there are several names which are still missing from the State’s list of custodial deaths from the year 2012.
While hearing the suo motu public interest litigation (PIL) on the condition of prisons in the State, the division bench of the High Court also requested State government lawyer K Khan and Dr. Mozika 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.
During the hearing, the State government filed another affidavit regarding the list of persons who have died in custody since 2012.
The State government also referred to the Supreme Court judgment reported at (2017) 10 SCC 658 (Re-Inhuman Conditions in 1382 Prisons). The State government placed reliance on paragraph 58.1 of the judgment and also the exercise directed to be undertaken by the NCRB 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,” the High Court said.
While listing the PIL for hearing on May 31, the High Court also said that in the meantime, the State government should identify the heirs of all persons who suffered custodial death since 2012 and inform such heirs regarding the pendency of the present court 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,” the High Court said.
