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The Meghalaya High Court on Thursday slammed the State Government of Meghalaya for its sloppy progress in identifying undertrial and convicts who died an unnatural death in custody for purpose of awarding compensation to their next kin as per the direction of the Apex Court.

Coming down heavily upon the state government, the division bench of Chief Justice Sanjib Banerjee and Justice H. S. Thangkhiew directed it file a report listing all such cases since 2012, occurred anywhere in the State, within three weeks.

The Supreme court in September 2017 had directed the identification of the next of kin of prisoners who had died an unnatural death from the period of 2012 for awarding them suitable compensation. Following this order of the top court, a suo moto Public Interest Litigation was instituted in the Meghalaya High Court.

Noting the dereliction of duty on part of the State government in assisting court in the matter, the bench observed, “There appears to be a level of unwillingness in State functioning.”

Further, pointing out an affidavit filed by the Amicus Curiae in July 2018, wherein 6 such unnatural deaths and 8 more custodial death which authorities had claimed to be natural deaths were listed, the bench said,

“No report or reply of the State has been forthcoming to indicate whether all the unnatural deaths indicated in the list incorporated in the relevant affidavit were, indeed, incidents of unnatural death in custody.”

Therefore, taking a serious note of the issue, the bench stated, “It is completely unacceptable in any civilized system for the government not to be able to render adequate assistance to the Court in such regard.”

Stressing that the order of the Supreme Court requires identification and award of compensation in deserving cases within a reasonable time, the bench observed, “The inertia on the part of the State for more than four years even to indicate which of the deaths may not have been unnatural and why, cannot be permitted to continue.”

Accordingly, court ordered, “An appropriate report listing all the cases of death of undertrials or convicts in custody since 2012, anywhere in the State, should be furnished without exception.”

Court also highlighted that since there is a presumption that when a person dies in custody, it may be taken to be unnatural, the grounds for the State to perceive that some of the deaths may have been natural should also find place in the report.

Lastly, Court cleared out that the Inspector-General of Prisons or the appropriate person manning such post or ultimately responsible for all correctional homes in the State will remain personally liable in such regard.

The matter will be next heard on March 31, 2022.

Case Title: In Re Suo Motu Custodial Violence &other matters relating to prison conditions Vs. State of Meghalaya & Ors.