IN RE SUO MOTU CUSTODIAL VIOLENCE AND OTHER MATTERS RELATING TO PRISON CONDITIONS Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Mr K. Khan, learned Additional Advocate-General, begins with an apology since the submission recorded in the previous order of March 22, 2023 was inaccurate.

(2.) The order dated March 22, 2023 recorded the State's submission to the effect that it was in the process of framing rules and guidelines pertaining to compensation for cases of death in custody modelled on the rules adopted by Haryana as approved by the National Human Rights Commission. It, however, appears that by a notification of December 15, 2022 the State had already formulated a scheme for payment of compensation to the bereaved families of persons who had died either in police or judicial custody and also inmates in the correctional homes in the State. A further notification in continuation of the previous notification of December 15, 2022 has been published on May 2, 2023.

(3.) The original notification of December, 2022 provides for compensation to five classes of persons who suffer custodial death: persons dying due to quarrel among inmates; persons dying due to negligence by the correctional home officials; persons dying due to negligence by medical or paramedical officers; persons dying due to torture or upon being beaten up by the police or correctional home staff; and, persons committing suicide while in such custody. The original notification also provides that no compensation would be payable in case of natural death due to illness and where State officials may not be responsible for such death. Compensation would also not be admissible if the death occurs during escape or due to any natural disaster or calamity or any pandemic.