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In the suo moto matter pertaining to compensation to the heirs or next of kin in custodial death cases, the Meghalaya High Court last week directed that such heirs or next of kin must be informed of these proceedings and be invited to join in.

The division bench of Chief Justice Sanjib Banerjee and Justice H. S. Thangkhiew said that for this purpose notices must be served individually, through the police stations, if necessary. Court also stressed that publishing notices in newspapers would not substitute the effective service of the notices. 

Court added that reports must also be obtained to satisfy the Court that the notices have actually been received by the heirs or next of kin of the relevant deceased persons. The exercise as to service of notice has been directed to be completed within the next three weeks.

The suo moto matter pertains to 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.

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.

In an earlier report before the Court, the State indicated a total number of 38 custodial deaths in the State since 2012. Taking the list of those 38 persons on record, Court had directed that the State should issue advertisements in select newspapers published from Shillong, Tura and Nongstoin inviting information on custodial deaths.

The advertisements was to state that any person with verified information on any other custodial death in the State, apart from the 38 indicated by the State, during the period 2012 onwards, may write to the Court with supporting documents or may even appear before this Bench with all particulars in support.

Further, tentatively, the quantum of compensation is fixed at Rs. 10 lakh as on date, with a provision for an increased amount if the age of the inmate who suffered an unnatural death was below 40 at the relevant time.

The case will be next heard on August 1, 2022.

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