The Jharkhand High Court has strongly criticised the State Government over what it termed widespread violations of legal provisions mandating judicial inquiries into custodial deaths.
The Court directed that fresh judicial investigations be conducted in 262 cases where probes had earlier been carried out by Executive Magistrates instead of Judicial Magistrates.
A Division Bench comprising Chief Justice MS Sonak and Justice Rajesh Shankar was hearing a public interest litigation that alleged large-scale disregard of Section 196(2) of the Bharatiya Nagarik Suraksha Sanhita.
The provision makes it compulsory for Judicial Magistrates to conduct inquiries into custodial deaths, custodial rape, and cases of disappearance in custody.
The PIL was moved by Md Mumtaz Ansari seeking strict enforcement of mandatory judicial probes in such sensitive cases.
Data submitted before the Court by the State Government revealed that 427 custodial deaths were reported in Jharkhand between 2018 and 2026. Out of these, inquiries in 262 cases were conducted by Executive Magistrates, while only 225 cases were examined by Judicial Magistrates.
Expressing serious concern, the Bench observed that the State had either grossly misunderstood the law or consciously ignored it. The Court noted that Parliament had intentionally taken away the Executive’s authority in such matters nearly two decades ago to ensure impartiality and independence in investigations involving deaths in custody.
The Bench categorically stated that inquiries conducted by Executive Magistrates could not be treated as valid substitutes for judicial inquiries in custodial death cases.
The Court further remarked that replacing a mandatory judicial inquiry with an executive probe after June 23, 2006 amounted to a grave failure in fulfilling statutory obligations rather than a mere procedural irregularity.
Describing the violations as systemic in nature, the High Court directed the State Government and district judicial authorities to identify every custodial death case since 2018 where mandatory judicial inquiries were not held and to initiate fresh de novo inquiries in all such matters.
The Court ordered that Judicial Magistrates be appointed district-wise for the purpose and directed that the inquiries should ideally be completed within six months.
The Bench also instructed the Chief Secretary and the Principal Secretary of the Home Department to issue a circular within 30 days clarifying that only Judicial Magistrates have the authority to conduct inquiries into custodial deaths.
The Court warned that any future deviation from the legal mandate would be treated as a deliberate violation of the law.
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