Court Directs State Secretary to Clarify Judicial Enquiries on Custodial Deaths Under New and Existing Legal Provisions
In a crucial directive aimed at ensuring accountability and transparency, the Jharkhand High Court has ordered the Secretary of the Department of Home, Prison and Disaster Management, Government of Jharkhand, to submit a comprehensive affidavit detailing instances of custodial deaths since 2018. The court emphasized the necessity of adherence to legal mandates requiring immediate notification and inquiry by a Magistrate in such cases.
During the hearing of the Public Interest Litigation (PIL) filed by Md. Mumtaz Ansari, the Division Bench comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar underscored the importance of investigating custodial deaths to uphold human rights and the rule of law. The court's directive mandates the Secretary to disclose whether the required legal procedures were followed, specifically whether the deaths were reported to the Magistrate under Section 176(1-A) of the Criminal Procedure Code (Cr.P.C.) or under the newly enacted Section 196(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The court has given a four-week timeframe for the submission of the affidavit, with the next hearing scheduled for September 25, 2025. This order seeks to ensure that all custodial deaths are scrutinized through proper judicial inquiries, reflecting the court's commitment to transparency and accountability in the criminal justice system.
The case highlights the ongoing concerns regarding custodial deaths in India, prompting the judiciary to take proactive measures to ensure that such incidents are thoroughly investigated and that justice is served. The court's directive aligns with broader efforts to strengthen the legal framework governing custodial incidents and protect the rights of individuals in custody.
Bottom Line:
Custodial deaths - Court directed the Secretary, Department of Home, Prison and Disaster Management, Government of Jharkhand, to file a personal affidavit regarding the number of custodial deaths (whether in prison or judicial custody) since 2018, and whether the Magistrate was informed to conduct an enquiry under Section 176(1-A) of Cr.P.C. or Section 196(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Statutory provision(s): Section 176(1-A) of the Criminal Procedure Code, Section 196(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023
Md. Mumtaz Ansari v. State of Jharkhand, (Jharkhand)(DB) : Law Finder Doc id # 2771463
