Meghalaya HC directs government to file affidavit on custodial deaths in the next 10 days

Drawing attending towards the impending judgment on two custodial deaths, the Meghalaya High Court has directed the state government to file an affidavit related to persons who suffered custodial death since 2012, in the next 10 days.

During the hearing on a PIL, a thorough chart including the names of every person who, in the state's estimation, died while being held in custody in the state since 2012 has been provided to the court.
In its order, the two-member bench said, “The State should file an affidavit appending copies of all advertisements and notices issued inviting the next of kin of any person who died in custody in the State since 2012 to be represented in course of the present proceedings. Such affidavit should be filed within the next 10 days.”

The judgement stated that a number of heirs or legal representatives are present for those who have died while being held in custody in the state since 2012.

Advocates defending such individuals will have access to the court file so they can submit pertinent arguments.
The court has also been made aware by amicus curiae of the report of a magisterial inquiry into the death of a person in custody at the Jowai Police Station on August 4, 2015.

At the last page of the report, where certain recommendations had been made by the then Additional District Magistrate, West Jaintia Hills District, Jowai, the first point stands out: “(1) In view of the fact that a suicide case had occurred earlier on 23/08/2013 when two persons Kitbok Kshiar and Daphah Salanki Rupon had both committed suicide at the same time inside the same police lock-up, the Home Department (Police) may kindly consider installation of CCTV in the Police Stations all over the State with special consideration to Jowai PS. CCTV should be installed as done in Sadar Police Station, Shillong.”

According to the court, the pertinent proposal clearly specifies that Kitbok Kshiar and Daphah Salanki Rupon were two people who had reportedly committed suicide in Jowai Police Station on August 23, 2013.

However, it claimed that these two people's names were absent from the State's list of individuals, which was claimed to be exhaustive and contain the names of everyone who died while under the State's custody since 2012.
The court has ordered the individual who provided the deponent of the affidavit, to provide an explanation of why Kitbok Kshiar and Daphah Salanki Rupon's names were omitted from the list of those who have died while being held in custody in the State since 2012 within the next seven days.

It added that the next of kin of the aforementioned two deceased persons should also be informed of the adjourned date and of their right to be represented during the hearing. It also stated that full details regarding the deaths of the aforementioned two persons, including the post-mortem reports and inquiry reports, should also be appended to the relevant affidavit.
The next hearing on the matter will be held on September 19.