SC raps Centre, states on custodial deaths

SC raps Centre, states on custodial deaths
PRESS TRUST OF INDIA

NEW DELHI, JAN 14: Concerned by over 1000 custodial deaths across the country last year, the Supreme Court has issued notices to the Centre and States asking them to show cause why the Court should not issue directions for adopting measures to prevent them.

A division Bench comprising Chief Justice A S Anand and Justice R C Lahoti issued the notices on an application moved by amicus curiae A M Singhvi pointing out the necessity of directions to be issued to strengthen the implementation of earlier Court directions.

The application moved through Suruchi Aggarwal said the Court may order that the inquiry conducted in cases of custodial death be mandatorily a judicial inquiry. Quoting NHRC findings, it said there were rarely any credible independent evidence in such cases and the records depended almost entirely on the observations recorded and the opinion given by doctors in post-mortem reports.

"A manipulated post-mortem report helps those responsible for custodial violence and results in traversity of Justice and serious violation of human rights," the amicus curiae said.

He also requested the Court to issue "guidelines through forensic experts or the guidelines formulated by the National Human Rights Commission as regards video filming of specific aspects of post-mortem" in cases of custodial death.The application said in the year 1999-2000, there were 6 deaths in judicial custody while 177 deaths in police custody. Bihar topped the list with 155 deaths in judicial custody and seven deaths in police custody.

For Maharashtra, the figures were 126 and 30 and Uttar Pradesh 141 and 18, it said.

The amicus also drew the Court’s attention to the Commission’s finding that autopsy forms used in various states were deficient and needed considerable improvement.

"The Commission has already recommended to the State Governments the adoption of Model Autopsy Forms, which have been adopted and accepted by a few States," he said.

Singvi said there was an urgent need of surprise checks of the police stations by senior officers, which would help curbing the tendency of police officials to resort to torture of those lodged in custody. The Court should direct "Surprise checks in the day and in the night of the records and registers in thanas and of the inspection books" and seek an Action Taken Report, the amicus pleaded.The application filed by amicus said "a scrutiny of video films of post-mortem reports revealed that in a number of cases there had been inadequate application of mind in highlighting, through the video-filming procedure, important aspects of the post-mortem examination."

"Accordingly it is necessary to set up a panel of forensic experts to prepare general guidelines for video films that would prescribe the kinds of shots to be taken of the body and the specific aspects of post-mortem examination be closely filmed," it said.