SHILLONG: The High Court of Meghalaya on Monday expressed unhappiness over under-trial prisoners (UTPs) languishing in jail for several years.
During the hearing of the pending PIL, senior counsel HS Thangkhiew placed before the court a tentative summary and chart of cases of UTPs.
The division bench comprising Chief Justice Dinesh Maheshwari and Justice VP Vaish said they have noticed a few glaring and rather shocking instances therein to the extent that in one of the cases under Mendipathar police station, the accused is said to be in custody for more than five years and the matter is still under investigation.
The court said similar state of affairs was noticed as regards to Bajengdoba police station case of 2013 and Mendipathar police station case of 2014 where the accused persons are said to be in custody for over three years and the cases are still under investigation.
“It is beyond comprehension as to why these cases have remained pending for investigation for such an abnormal length of time while the accused persons continue to languish in custody,” the court asked.
The court also noticed that there are certain cases relating to Chokpot police station where the accused persons are in custody beyond five years and there are no details available as to why the cases are pending and what is the status.
Thangkhiew made a submission that though he and his associates have attempted their best to compile the data gathered from the courts and authorities concerned, several particulars could not be presented for want of necessary information.
“Having regard to the seriousness of the issues involved, we are of the view that the necessary information ought to be properly collected by the Government Advocate from all concerned, including the prosecution and investigation wings of the Government; and the entire information should be presented before the court in a proper manner,” the court said.
According to the court, as per the chart some of the cases have remained pending for want of proper prosecution.
“It is an entirely unacceptable state of affairs that the UTPs continue to languish and the requisite sense of urgency is not exhibited on the part of the Government and its agencies, be it the investigation wing or the prosecution,” the court said.
The Government advocate was granted time to file specific affidavit of the responsible officer of the Government, mentioning all the relevant facts, particularly concerning the cases of the UTPs who are in custody for over three years.
Counsel K. Paul informed that as far as the pending case of the accused who is in custody for more than 12 years, after the directions of the High Court, the trial has been concluded and while delivering the judgment on Friday, the Additional Judge, District Council Court, Shillong, has convicted the accused for offence under Section 302 of the IPC and the matter was posted for hearing on sentence on Monday.
He also made a submission that the District Council Court is in the process of compiling all the information regarding the other pending cases and the same will be presented before the court within a couple of days.
The matter will come up for hearing on August 3.
