Jharkhand High Court flags gaps in probes after 437 custodial deaths since 2018

Ranchi — The Jharkhand High Court on Thursday raised serious concerns over 437 deaths reported in police and judicial custody across the state since 2018, highlighting shortcomings in mandatory judicial and magisterial inquiries.

The figure was revealed in an affidavit filed by Vandana Dadel, Principal Secretary of the Department of Home, Prisons and Disaster Management, during the hearing of a Public Interest Litigation on custodial deaths.

A division bench comprising Chief Justice M. S. Sonak and Justice Rajesh Shankar noted that many cases lacked clarity regarding compliance with statutory requirements for investigations.

According to the affidavit, judicial inquiries were conducted in only 202 of the deaths that occurred in prisons. In police custody, 39 deaths were reported, and inquiries remain pending in 11 of those cases.

The court stressed that a magisterial inquiry is mandatory in every case of death, disappearance, or alleged sexual assault in custody. The absence of such probes in several incidents, it observed, raises serious questions about accountability and adherence to due process.

The bench sought specific suggestions from the petitioner on further directions in the matter, while reiterating that ensuring compliance with legal provisions rests with the state government. It also referred to earlier proceedings in February, when it had asked for comprehensive data and clarification on whether mandatory inquiries were conducted.

The court had previously emphasised the importance of independent probes and directed the state to confirm adherence to guidelines issued by the National Human Rights Commission.

The matter is scheduled for further hearing on April 30.

With inputs from IANS