157 custodial deaths from 2012-2016 confirmed, 134 resolved, informs government

The first bench comprising Chief Justice Indira Banerjee and Justice Abdul Quddhose on recording the submission made by the Principal Secretary, Home Department and the Additional Director General of Police (Prisons), directed the expeditious conclusion of the remaining 23 cases and listed the case to June 8 for further status report.

The bench also held, “If it is found that the next of kin are entitled to compensation, it shall be released at the earliest and not later than four months from date.”

Based on a Supreme Court order in September last year, the MHC had initiated suo motu public interest petition to identify next of kin of the prisoners who have reportedly died an unnatural death as revealed by the National Crime Records Bureau (NCRB) during 2012 and 2015 and thereafter for awarding suitable compensation, except for whom adequate compensation has already been awarded.

While dealing with custodial violence, the apex court had observed that there was no documentation on the number of unnatural deaths (if any) of children in child care institutions and this should now be on the agenda of the Central Government and the state governments with far greater concern than has been shown so far.

It further said all efforts should be made, as suggested by the NHRC, to reduce and possibly eliminate unnatural deaths in prisons and to document every such death - both natural and unnatural.

Based on this, the MHC had issued notice to the State through the Advocate General Vijay Narayan in October last year, following which the counter-affidavit was filed.