SHILLONG: The High Court of Meghalaya on Thursday expressed unhappiness over the additional affidavit filed by the Assistant Inspector General of Police (E), Meghalaya, purportedly specifying the position of investigation of the cases pertaining to under-trial prisoners (UTPs).
In part compliance of the order of July 31, the additional affidavit from the Assistant Inspector General of Police (E), purportedly specifying the position of investigation of the cases concerning the UTPs was filed on Thursday.
However, the court observed that even the affidavit does not fulfill the requirements of the earlier order whereby, it was required of the government advocate to file specific affidavits of the responsible officer of the government specifying all the relevant facts, particularly concerning the cases of the UTPs who are in custody beyond a period of three years.
The senior government advocate submitted that the particulars of the UTPs were earlier filed in this court, and so far as the other affidavit in accordance with the order of July 31 is concerned, the same could not be prepared for shortage of time.
“The matter relates to the life and liberty of the persons concerned, who have the right of expeditious trial; and the requisite affidavit ought to have been filed by now,” court said.
However, in the interest of justice, the senior government advocate was granted further time to file specific affidavit stating all the relevant facts concerning the cases of UTPs who are in custody beyond three years while expecting that the government would come out straight and forthright not only on the facts but also on all the corrective measures so as to ensure expeditious proceedings in matters relating to the UTPs.
Counsel K Paul informed the court that so far as the GR Case No. 184 (A) of 2005 is concerned, the sentence has finally been pronounced by the court concerned on July 31.
However, regarding the other cases of UTPs, K Paul submitted that the information as furnished by the District Council Court is being collated and he shall be filing the necessary affidavit on or before the next date.
Senior counsel HS Thangkhiew also prayed for time to study the affidavit filed on behalf of the state and to complete his instructions. With regard to the circumstances, time prayed for was allowed and, with the observations foregoing, the matter was deferred on Thursday
The matter has been listed for hearing on August 18.
