Concern over custodial deaths: Jharkhand High Court questions gaps in mandatory inquiries

Ranchi — The Jharkhand High Court on Thursday voiced serious concern over 437 deaths reported in police and judicial custody in the state since 2018, pointing to lapses in conducting mandatory investigations.

The figure was disclosed in an affidavit submitted by Vandana Dadel, Principal Secretary of the Department of Home, Prisons and Disaster Management, during the hearing of a Public Interest Litigation on custodial deaths.

A division bench led by Chief Justice M. S. Sonak and Justice Rajesh Shankar noted that several cases lacked clarity on whether statutory requirements had been followed.

As per the affidavit, judicial inquiries were conducted in only 202 prison death cases. In police custody, 39 deaths were reported, with inquiries still pending in 11 instances.

The court emphasised that magisterial inquiries are mandatory in every case of death, disappearance, or alleged sexual assault in custody. The absence of such probes in multiple cases, it said, raises serious concerns about accountability and due process.

The bench sought suggestions from the petitioner regarding further directions and reiterated that the responsibility to ensure compliance with legal provisions lies with the state government. It also recalled that during a February hearing, it had sought detailed data and clarification on whether mandatory inquiries were carried out.

The court had earlier stressed the importance of independent investigations and adherence to guidelines issued by the National Human Rights Commission. The matter has now been listed for further hearing on April 30.

With inputs from IANS

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