Landmark Judgment Declares Executive Magistrate Inquiries Invalid, Orders Compensation for Victims' Families
In a significant ruling, the Jharkhand High Court has mandated that all inquiries into custodial deaths must be conducted exclusively by Judicial Magistrates, reinforcing the statutory requirements under Section 176(1-A) of the Criminal Procedure Code (Cr.P.C.) and Section 196(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The court unequivocally declared that inquiries conducted by Executive Magistrates cannot substitute for judicial inquiries, highlighting serious breaches of Articles 14 and 21 of the Indian Constitution.
The judgment came in response to a public interest litigation filed by Md. Mumtaz Ansari, which pointed out rampant violations in the handling of custodial deaths in Jharkhand. The court expressed shock over the state’s systemic non-compliance with statutory mandates, revealing that 262 out of 427 inquiries into custodial deaths were improperly conducted by Executive Magistrates.
Justice M. S. Sonak and Justice Rajesh Shankar emphasized that arbitrary substitution of judicial inquiries with executive inquiries undermines procedural safeguards guaranteed by Article 21 and violates the right to equality before the law under Article 14. The bench directed the Principal District Judges and the Principal Secretary of the Home Department to investigate and report the failures leading to these lapses.
Moreover, the court ordered that families of victims of unnatural custodial deaths are entitled to compensation as a constitutional remedy. It directed the District Victim Compensation Committees to adjudicate claims for compensation, ensuring that bereaved families receive timely relief without undergoing complex legal battles.
The judgment also calls for strict adherence to guidelines issued by the National Human Rights Commission (NHRC) and the preparation of a Standard Operating Procedure (SOP) to standardize inquiry reports. The court highlighted the need for comprehensive training and awareness among judicial officers to enhance the sensitivity and effectiveness of custodial death investigations.
This ruling is expected to have far-reaching implications for the handling of custodial deaths across India, reinforcing the judiciary’s role in upholding constitutional rights and ensuring accountability within state machinery.
Bottom line:-
Mandate of Section 176(1-A) of Cr.P.C. and Section 196(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 requires inquiry into custodial deaths to be conducted exclusively by Judicial Magistrates; inquiries by Executive Magistrates are not valid substitutes.
Statutory provision(s): Section 176(1-A) of Cr.P.C., Section 196(2) of Bharatiya Nagarik Suraksha Sanhita, 2023, Articles 14 and 21 of the Constitution of India
Md. Mumtaz Ansari v. State of Jharkhand, (Jharkhand)(DB) : Law Finder Doc id # 2898982
