Inform Kins Of Foreigners Who Died In Custody Since 2012 For Compensation Purposes: Meghalaya High Court Directs UOI

The Meghalaya High Court on Monday directed the Union Ministry of External Affairs to inform the heirs or next of kin of the foreign nationals who died in custody in the state since 2012 so that such persons can get to know that they are entitled to receive compensation that may be ascertained.

It may be noted that this suo motu public interest litigation was instituted by the HC following an order of the Supreme Court of September 15, 2017 [In Re-Inhuman Conditions in 1382 Prisons], to identify the next of kin of prisoners who had died an unnatural death from the period of 2012, so that such relatives can be awarded suitable compensation unless they have already been compensated.

Regarding the Indian Citizens, the State Government informed the bench of Chief Justice Sanjib Banerjee and Justice Hamarsan Singh Thangkhiew that all heirs or the next of kin of the Indian citizens who died in custody in the State since the year 2012 have been specifically informed of the present proceedings and of their right to be represented herein.

It was further informed that a detailed report as to service has been prepared and therefore, the Court sought the report within the course of this week.

"A copy of such report should also be made over to Amicus Curiae so that it can be assessed whether all the heirs or next of kin of the Indian citizens who died in harness have been appropriately served," the Court further directed.

As far as the foreign citizens who died in custody during the relevant period are concerned, the State told the Court that the Ministry of External Affairs has been contacted.

"Such Ministry should make every endeavour to inform the heirs or next of kin of the foreign nationals who died in custody during the relevant period that such persons have a right to be represented in the present proceedings and, in any event, entitled to receive the compensation that may be ascertained, subject to the laws of the country for remittance of the same," the Court ordered.

Further, when the Amicus Curiae suggested that a further affidavit should be filed by the state to indicate the consolidated position now that all the details have come in.

He suggested that it would help if a chart was prepared for the matter to be best assessed by the Court, indicating the nature of death and whether it was caused due to any brutality or negligence on the part of the State.

Lastly, directing the state to take all the preparatory steps within the next two weeks so that the quantum of compensation and the cases in which the same may be awarded may be ascertained when the matter is taken up three weeks, the Court posted the matter for further hearing on August 23.

Case title - In Re suo motu custodial violence and other matters relating to prison conditions v. State of Meghalaya & ors. [PIL No. 9 of 2017]

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