Ranchi, March 26 – The Jharkhand High Court on Thursday expressed serious concern over the 437 deaths reported in judicial and police custody across the state since 2018, highlighting major gaps in mandatory judicial investigations.
This figure was disclosed in an affidavit filed by Vandana Dandel, Principal Secretary, Department of Home, Prisons, and Disaster Management, during the hearing of a Public Interest Litigation (PIL) concerning deaths in custody.
A division bench of Chief Justice M.S. Sonak and Justice Rajesh Shankar, while accepting the affidavit, noted that a large number of cases lacked clarity regarding compliance with statutory requirements.
According to the affidavit, judicial inquiries could only be conducted in 202 of the deaths that occurred in prisons. In the case of deaths in police custody, 39 incidents were reported, and inquiries are still pending in 11 of these cases.
The court emphasized that a magisterial inquiry is mandatory in every instance of death, disappearance, or alleged sexual assault in police or judicial custody. The absence of such inquiries in several cases, it observed, raises serious concerns about accountability and adherence to due process.
The bench sought specific suggestions from the petitioner on further reliefs and directions required in the matter, while reiterating that ensuring compliance with legal provisions rests squarely with the State government.
The issue had also come up during an earlier hearing in February, when the court had sought comprehensive data on custodial deaths and the status of investigations. At that time, the state had reported the same figure of 437 deaths between 2018 and 2025, but had not clearly indicated whether mandatory investigations had been conducted in most cases.
The High Court had then emphasized that independent judicial inquiries are essential to ensure transparency and accountability, and had directed the State to clarify whether magisterial investigations were carried out in each case and if the guidelines laid down by the National Human Rights Commission (NHRC) were followed.
The matter is now scheduled for further hearing on April 30.
This figure was disclosed in an affidavit filed by Vandana Dandel, Principal Secretary, Department of Home, Prisons, and Disaster Management, during the hearing of a Public Interest Litigation (PIL) concerning deaths in custody.
A division bench of Chief Justice M.S. Sonak and Justice Rajesh Shankar, while accepting the affidavit, noted that a large number of cases lacked clarity regarding compliance with statutory requirements.
According to the affidavit, judicial inquiries could only be conducted in 202 of the deaths that occurred in prisons. In the case of deaths in police custody, 39 incidents were reported, and inquiries are still pending in 11 of these cases.
The court emphasized that a magisterial inquiry is mandatory in every instance of death, disappearance, or alleged sexual assault in police or judicial custody. The absence of such inquiries in several cases, it observed, raises serious concerns about accountability and adherence to due process.
The bench sought specific suggestions from the petitioner on further reliefs and directions required in the matter, while reiterating that ensuring compliance with legal provisions rests squarely with the State government.
The issue had also come up during an earlier hearing in February, when the court had sought comprehensive data on custodial deaths and the status of investigations. At that time, the state had reported the same figure of 437 deaths between 2018 and 2025, but had not clearly indicated whether mandatory investigations had been conducted in most cases.
The High Court had then emphasized that independent judicial inquiries are essential to ensure transparency and accountability, and had directed the State to clarify whether magisterial investigations were carried out in each case and if the guidelines laid down by the National Human Rights Commission (NHRC) were followed.
The matter is now scheduled for further hearing on April 30.