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The Meghalaya High Court recently directed the Inspector-General of Prisons to file an affidavit indicating the complete list of persons who have died in custody since 2012. The suo moto matter pertains to identifying undertrial and convicts who died an unnatural death in custody for purpose of awarding compensation to their next kin as per the direction of the Apex Court.

The division bench of Chief Justice Sanjib Banerjee and Justice H. S. Thangkhiew further directed, 

"The affidavit should also confirm that there has been no custodial death other than those indicated in such affidavit so that if any anomaly is found or any further name discovered, appropriate action may be taken against the Inspector-General. Such affidavit will be counter-verified by the Chief Secretary to the State."

In pursuance of Court's earlier order dated March 31, 2022, an executive summary of the more detailed report filed earlier was submitted before the Court which indicated custodial death data in tabular form. 

Court noted that the document reflected that no death in custody in the year 2012 took place. To this, Court said that though it is possible, the State should again confirm the same.

Importantly, Court also took note of the submissions of the Amicus Curiae in the case that several of the names indicated in the table just furnished by the State did not figure in the earlier reports.

Court observed, "The more alarming feature, as duly pointed out by learned Amicus Curiae is that in an affidavit affirmed on February 26, 2018 by the then Under Secretary to the State, the office of the Director of Health Services (MI) indicated the names of five persons who had suffered custodial death in the years 2013 and 2014, though the year of death of the fifth person is not indicated in the table appended to the relevant affidavit; but these names do not figure in the voluminous particulars filed on behalf of the State now."

Therefore, Court directed that a further affidavit should be filed by the Inspector-General of Prisons indicating the complete list of persons who have died in custody since 2012 and it would be best if a particular cut-off date were to be indicated in that. 

The Supreme court in September 2017 had directed the identification of the next of kin of prisoners who had died an unnatural death from the period of 2012 for awarding them suitable compensation. Following this order of the top court, a suo moto Public Interest Litigation was instituted in the Meghalaya High Court.

The case will be next heard on May 2, 2022.

Case Title: In Re Suo Motu Custodial Violence &other matters relating to prison conditions Vs. State of Meghalaya & Ors.