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437 custodial deaths in Jharkhand since 2018, HC flags gaps in mandatory probes

Ranchi, March 26 (IANS) The Jharkhand High Court on Thursday expressed serious concern over 437 deaths reported in judicial and police custody across the state since 2018, flagging major gaps in mandatory judicial probes.

The figure was disclosed in an affidavit filed by the Principal Secretary, Department of Home, Prisons and Disaster Management, Vandana Dandel, during the hearing of a Public Interest Litigation (PIL) in the High Court on custodial deaths.

A division bench of Chief Justice M.S. Sonak and Justice Rajesh Shankar, while taking the affidavit on record, noted that a large number of cases lacked clarity on compliance with statutory requirements.

According to the affidavit, judicial inquiries could be conducted in only 202 of the deaths that occurred in prisons. In the case of police custody deaths, 39 incidents were reported, of which inquiries are still pending in 11 cases.

The court underlined 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 inquiries. At that time, the state had reported the same figure of 437 deaths between 2018 and 2025, but did not clearly indicate whether mandatory probes had been conducted in most cases.

The High Court had then emphasised that independent judicial inquiries are essential to ensure transparency and accountability, and had directed the State to clarify whether magisterial probes 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 slated for further hearing on April 30.

–IANS

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