The Meghalaya High Court has yesterday directed the Inspector General of Prisons to file an affidavit indicating the complete list of persons who have died in custody since 2012.
Hearing a public interest petition (PIL) on custodial violence and other matters relating to prison conditions, a division bench of Chief Justice Sanjeeb Banerjee and Justice Hamarsan Sing Thangkhiew ordered that the affidavit should be counter-verified by the Chief Secretary.
“It would be best if a particular cut-off date were to be indicated. The affidavit should also confirm that there has been no custodial death other than those indicated in such an affidavit so that if any anomaly is found or any further name discovered, appropriate action may be taken against the Inspector General,” the bench said.
The High Court also said that the affidavit should be filed within the next ten day, “The affidavit should also confirm that there has been no custodial death other than those indicated so that if any anomaly is found or any further name is discovered, appropriate action may be taken against the inspector general,” the High Court said.
Meanwhile, in compliance with the High Court order passed on March 31, the Prisons Department submitted to the court a detailed report in which the particulars of the persons who have died in custody from 2012 have been indicated in tabular form.
The court, however, said there appears to be no death in custody in 2012. “While that is possible, the State should again confirm the same,” the bench said.
It was pointed out by the amicus curiae that several names indicated in the table furnished by the State do not figure in the earlier reports.
The court said that it is necessary that heirs of such persons whose names have been disclosed as those who died in custody should be impleaded as parties.
The High Court said that the State should furnish the particulars of such heirs so that they may be made party in the present proceedings and the rightful persons get the compensation when it is decided upon.
The matter will be heard again on May 2.
