The Jharkhand High Court issued a significant ruling on a public interest litigation concerning custodial deaths and rape cases in the state. It has now made it compulsory for a judicial inquiry to be conducted in every such case. This ruling, by a division bench of Chief Justice M.S. Sonak and Justice Rajesh Shankar, stipulates that any death or rape in police or jail custody must undergo a judicial inquiry without exception.
Under Section 196(2) of the Bharatiya Nagarik Suraksha Sanhita and Section 176(1A) of the former Criminal Procedure Code (CrPC), the court has mandated these inquiries. Previously, the Jharkhand government conducted inquiries into such cases through Executive Magistrates, without making judicial inquiries mandatory. This order from the High Court marks a significant shift in the existing system.
Additionally, the bench has instructed the Jharkhand Legal Services Authority (JHALSA) to develop a Standard Operating Procedure (SOP) aligned with National Human Rights Commission guidelines. This SOP aims to ensure fair and impartial investigations into custodial deaths and rape cases. The court took action after discovering around 250 cases of custodial deaths without judicial inquiries, directing District Judges to provide detailed reports to the High Court on the reasons for this lapse.
Revealed during the hearing was a startling admission by the state Home Secretary that approximately 500 deaths occurred in police and jail custody in Jharkhand between 2018 and 2025. Shockingly, nearly half of these cases did not undergo judicial inquiries. The High Court, following this revelation, took a firm stance and reserved its verdict after both sides presented their arguments. The petitioner, Mohammad Mumtaz Ansari, represented by advocate Shadab Ansari, submitted written arguments, Supreme Court judgments, and NHRC guidelines, leading to what is being hailed as a historic ruling by the High Court.
