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Tuesday, September 27, 2022

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Tuesday, September 27, 2022

HC directs govt to file affidavit on custodial deaths

The Division Bench of the High Court stated, “Since the State seeks some time to furnish details of all other cases of custodial death, whether in jail or in police custody, a detailed affidavit indicating the cause of death, post-mortem reports and any report of inquiry should be filed within six weeks.”

SHILLONG:

Hearing a PIL on custodial violence and other matters related to prison conditions, the Meghalaya High Court has directed the state to file a detailed affidavit indicating the cause of death, post-mortem reports and any report of inquiry should be filed within six weeks.

The Division Bench of the High Court stated, “Since the State seeks some time to furnish details of all other cases of custodial death, whether in jail or in police custody, a detailed affidavit indicating the cause of death, post-mortem reports and any report of inquiry should be filed within six weeks.”

The Court observed that though an affidavit has been filed by the state pursuant to the previous order of August 23, 2022, it is submitted by Public Prosecutor that there may have been some other cases of death in custody during the relevant period though the incidents may not have been in correctional homes or jails.

“There is also a case of one of the inmates in a correctional home dying due to Covid. The State will indicate whether the usual compensation payable in respect of Covid death has been extended to the next of kin of the deceased in such case. Copies of the State’s affidavit should be made available to all parties represented in the present proceedings including Dr Mozika, Amicus Curiae. Such exercise should be completed at least a week before the matter appears next seven weeks hence,” the Court stated.

The matter is listed on November 14, 2022.

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