Almost 500 custodial deaths in seven years, government tells Jharkhand HC

The figure was revealed during the hearing of the PIL filed by Mumtaz Ansari seeking judicial inquiry into all the deaths that took place in judicial or police custody.
After hearing arguments from both sides on Thursday, the court has reserved its order.
After hearing arguments from both sides on Thursday, the court has reserved its order.Photo| EPS
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RANCHI: In a major revelation before the Jharkhand High Court, the state government disclosed that nearly 500 custodial deaths have been reported in the state over the past seven years.

According to an affidavit filed by the Principal Secretary of the Department of Home, Prisons and Disaster Management, 437 deaths occurred in judicial custody while nearly 45 deaths took place in police custody since 2018.

The figure was revealed during the hearing of the PIL filed by Mumtaz Ansari seeking judicial inquiry into all the deaths that took place in judicial or police custody. After hearing arguments from both sides on Thursday, the court has reserved its order.

Filed by the state government, the affidavit further revealed that judicial inquiries could be conducted in only half of the judicial death cases. It also stated that investigations are still pending in 11 of the 42 police custody death cases.

“As per the affidavit filed by the state government, a total of 437 deaths have taken place in judicial custody while nearly 42-45 deaths have taken place in police custody.

Interestingly, judicial inquiry has been initiated in only half of the deaths taking place in police and judicial custody, which has been admitted by the state government in its affidavit,” said advocate Shadab Ansari, appearing on behalf of the petitioner. After hearing both sides, the court kept its order reserved, he added.

Advocate Ansari, appearing for the petitioner, presented written arguments in support of his case on Thursday. He contended that the nature of deaths occurring in custody can be suspicious; therefore, an impartial and high-level inquiry into these cases is imperative.

References were also made to previous orders of the Supreme Court and the guidelines issued periodically by the National Human Rights Commission (NHRC). The petitioner’s primary emphasis was on fixing accountability for any death occurring within a police station or jail, with the aim of curbing such incidents in the future.

No to judicial inquiry

The court observed that since the deaths have taken place several years back, therefore, judicial inquiry in those cases may not be feasible, then the petitioner’s advocate pleaded before the court to form guidelines for the investigation of those cases.

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