Compensation For Custodial Deaths: Kerala High Court Grants State Time To Develop Legal Heir Database For Prison Inmates

A division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji was hearing an ongoing suo motu case concerning custodial deaths and compensation to the legal heirs of the deceased inmates.

During the hearing Additional Chief Secretary (Home Department), Kerala submitted that long term and immediate steps are being taken.

It was informed that a software was being developed for a centralised database designed to maintain up-to-date records of the legal heirs of all prison inmates. The Additional Chief Secretary also submitted that the District Collectors in 14 districts have been directed to collect the information regarding legal heirs of inmates in their respective districts.

The Court accepted the request and has granted time sought for developing the database and has directed that a report should be submitted detailing the steps taken during the creation of the software and database.

Background

The Suo motu proceedings were initiated by the High Court on the basis of direction by the Supreme Court in “Re- Inhuman Condition in 1382 Prisons” which originated through a letter written by the former Chief Justice of the Supreme Court, Mr Justice R C Lahoti stressing the need to eliminate custodial deaths and violence.

The Apex Court requested the Chief Justices of the High Courts to register suo motu public interest litigations with a view to identify the next of kin of the prisoners, who have admittedly died unnatural death during the period between 2012 and 2015 and even thereafter and to award compensation unless adequate compensation has already been awarded.

Adv. Santhosh Mathew was appointed as the amicus curiae in the matter. A report was submitted by the amicus curiae which laid down that steps must be taken to identify kin of the deceased and the compensation must be disbursed within a time limit prescribed by the Court. It also stressed that a proper reporting mechanism must be put in place for monitoring and effectively implementing the grant of compensation for the kin of victims.

The Court has directed to hold a joint meeting chaired by the Additional Chief Secretary, Home Department and other stakeholders to minimise the lack of co-ordination and identify the solutions for the issues in the petition.

Subsequently, a meeting was held where it was decided to maintain records of the legal heirs of all current inmates, and the online system will include a column for legal heirs. Furnishing legal heir details will be mandatory for all inmates. Compensation of 2 lakh shall be disbursed immediately after a custodial death, and any higher amount will require further orders from the NHRC. On the submission of the minutes of the meeting, the Court has given a detailed order directing different departments to ensure collection and maintenance of information of all inmates. In the subsequent hearing, the concerned departments did not produce records on compliance of the said directions. Hence the Additional Chief Secretary and Home Department and the Director General of Prisons were asked to participate in the hearing.

Today, the Additional Chief Secretary and Home Department and the Director General of Prisons were present in online mode and the progress made on the matter was communicated.

The matter is posted after 8 weeks.

Case Title - Suo Motu v State of Kerala and Ors.

Case No - WP(C) 36780/ 2017

Counsel for Respondent - E Narayanan, KK Preetha, P Narayanan, B Ashok Shenoy, P S Gireesh, Arjun R Naik, Umasanker U. U, Aditya A Shenoy, T Ramprasad Unni, S M Prasanth, Shehin S

Amicus Curiae - Santhosh Mathew