Jharkhand High Court Criticizes Custodial Deaths as Major Constitutional Failure

The Jharkhand High Court made a striking declaration on Thursday, branding custodial deaths as one of the gravest offenses against humanity and a significant failure of the constitutional framework. This stern statement came as the court ordered comprehensive new inquiries into 262 cases of custodial deaths, revealing serious lapses in the legal processes that should have been followed.

During the proceedings, a division bench comprising Chief Justice MS Sonak and Justice Rajesh Shankar reviewed alarming data that indicated a total of 427 custodial deaths reported in the state between 2018 and 2026. The court learned that an overwhelming 262 of these cases had been subjected to inquiries led by executive magistrates rather than the legally mandated judicial magistrates. This revelation prompted the bench to express its profound shock at the apparent disregard for legal protocols designed to safeguard rights.

The court described the situation as one of “administrative lawlessness,” highlighting the violation of fundamental constitutional guarantees such as the right to equality and the right to life. Emphasizing that the right to life extends beyond mere existence, the judges articulated that it includes the right to live with dignity, irrespective of an individual’s accused or convicted status. They reiterated that every person, even those facing legal challenges, deserves a dignified and peaceful life.

This public interest litigation was filed by Mohammed Mumtaz Ansari, which brought to light the existing inadequacies in the state’s handling of custodial deaths. The court’s decision to initiate fresh inquiries illustrates a commitment to rectifying these procedural failures and ensuring justice for the victims and their families. The judiciary’s role as a guardian of rights and liberties has come to the forefront, with calls for maintaining the integrity of legal processes that uphold human dignity.

The growing number of custodial deaths has raised critical questions about police accountability and the necessity for reform in the criminal justice system. The Jharkhand High Court’s intervention may serve as a catalyst for much-needed discussions about legal practices surrounding custodial treatment and the overarching responsibility of the state to protect citizens’ rights.

Source: scroll.in