SHILLONG, May 3: The state government on Wednesday admitted that there have been 49 instances of death in custody since 2012. It also agreed to pay compensation in all the cases.
The disclosure came in the form of a submission by the government before the High Court of Meghalaya during hearing of the PIL in relation to the custodial violence and other matters relating to prisons conditions.
“It 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,” the court said, recalling a previous submission by the state 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 (NHRC).
Details as to the possible cause of death in each of the 49 cases were furnished by the state. Dr N. Mozika, DSGI, went through the same and categorised the cause of death in each case. The state submitted that the cause of death indicated in Dr Mozika’s report is found to be appropriate and the quantum of compensation as indicated by the notification of December, 2022 would be paid.
“However, in certain cases, where the death may have been due to natural causes or due to suicide or lesser causes than torture or as a result of a fight breaking out amongst inmates, the state will present its own version for the adjudication to be conducted by the Court in respect of the individual cases where there is disagreement between the report and the State’s findings,” the order said.
“The quantum of compensation as indicated or as may be enhanced in accordance with law will fall due immediately upon the death of a person and, as such, for any delayed payment, whether wilful or otherwise, interest would accrue,” the order added.
