The Meghalaya High Court has observed that there is no reason to elaborate on how death can occur unnaturally while a person is in custody.
The Division Bench of Chief Justice Sanjib Banerjee and Justice H. S. Thangkhiew heard a suo motu Public Interest Litigation (PIL) related to custodial violence and other matters relating to prison conditions.
The State and Dr N. Mozika, Amicus Curiae, agreed that the number of deaths in custody since the year 2012 in this State is 49.
While the State maintains that several, if not most, of the deaths have been due to natural causes, the post-mortem and other reports, according to Dr Mozika, indicate otherwise except in a few cases.
The State also submits that a distinction ought to be made between deaths that may have occurred unnaturally without the person committing suicide and those who actually committed suicide and the post-mortem report reveals as such.
“There is no reason to elaborate on how death can occur unnaturally while a person is in custody. It is a similar cause that may drive a person to suicide. As such, in principle, no distinction may be made between unnatural deaths in custody, whether by suicide or otherwise. However, the State is left free to put forth its submission in such regard”, the Bench observed.
Several of the heirs or the next of kin of the persons who suffered custodial death in the State since 2012 are represented.
The State said that the heirs or family members of all of the 49 persons had been attempted to be served, but the addresses of the few of them are not available. The State appears to have published advertisements. The State will make every further endeavour to ensure that the rightful persons are made aware of the present proceedings and the compensation that they may receive , directed by the High Court.
Further the Court directed that the State assures the Court that the matter is under its active consideration and the State may itself take a decision with regard to the compensation payable, subject to the death being attributable to the police or the State.
“If the State conducts the exercise itself, based on the inputs given by Dr Mozika as to the reason of death in each of the 49 cases, as long as the quantum appears reasonable, the Court may allow the matter to rest. However, if the Court is required to take up the exercise, the quantum of compensation may be considerably higher. “
The matter will appear next on March 22, 2023.