RANCHI: A Public Interest Litigation (PIL) has been filed before the Jharkhand High Court challenging a National Human Rights Commission (NHRC) circular which withdrew its earlier direction mandating judicial inquiries in every case of custodial death, disappearance and rape.
The PIL, filed by MD Mumtaz Ansari, seeks quashing of the NHRC's Circular dated May 14, 2024, which declared that the Commission's earlier circular dated September 4, 2020, had become “nugatory” and stood “withdrawn and annulled” following the coming into force of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
The petitioner has also sought a direction to the NHRC to issue fresh guidelines in light of the Jharkhand High Court's recent judgment in Md. Mumtaz Ansari Vs State of Jharkhand, wherein the Court held that an inquiry under Section 196(2) of the BNSS must be conducted by a Judicial Magistrate and that an inquiry by an Executive Magistrate cannot substitute such judicial inquiry.
According to petitioner’s advocate, Shadab Ansari, despite this clear and binding law, the NHRC’s impugned Circular erroneously declares that the previous mandate requiring mandatory judicial inquiries in every custodial death/disappearance case is now "nugatory" due to the enforcement of the BNSS, 2023.
"This interpretation is based on a complete misinterpretation of Sections 194(4) and 196(2) of the BNSS," he said.
Ansari further added that the law is clear—custodial death inquiries must be conducted by Judicial Magistrates. "The NHRC cannot dilute this statutory imperative," he said.
According to the petition, the NHRC erroneously conflated the two provisions and wrongly concluded that the statutory requirement of judicial inquiry had become redundant because Executive Magistrates are empowered to conduct inquests under Section 194(4).
“We are seeking the quashing of this circular and a Mandamus directing the NHRC to issue fresh guidelines in light of the recent Jharkhand High Court judgment, reaffirming that the 'judicial' in 'judicial inquiry' is absolute and non-negotiable,” said the advocate.
According to the petition, the legal vacuum created by the impugned circular would have grave consequences for the families of victims of custodial violence, who would be left without the safeguard of an independent judicial inquiry into the circumstances of the death of their loved ones.
