Unnatural Deaths In Prisons: Karnataka HC Takes Suo Motu Cognizance, Issues Notice To Govt.

The Karnataka High Court on Thursday issued notice to the State government while hearing a suo-motu petition seeking to implement directions given by the Supreme Court for identifying cases of unnatural death in prisons and grant compensation to next of kin of the deceased.

A division bench of Chief Justice Abhay Oka and Justice H T Narendra Prasad observed that the stand of the state that it would grant compensation only when State Human Rights Commission recommends is incorrect. It said

"Prima facie it appears to us that compensation will have to be fixed by this court and not by the state human rights commission and paid in all cases of unnatural death."

The bench observed that it will pass directions to fix and adhoc compensation amount. As in one case an amount of Rs 5 lakh was given while in another case Rs 1 lakh, was given. Details submitted by the government stated that from 2012 till 2017, it had paid compensation only in three cases, of the 48 cases of unnatural death, occurred in prisons. There are nine central jails and 22 sub jails in the state and around 14,000 people are presently lodged in them.

The court also rejected the stand of the government that cases of suicide are not to be considered as unnatural death. It said the apex court has concluded that suicide committed by a prisoner, is unnatural death. "You keep him in prison and take away his personal liberties and if he attempts suicide, then how can it not be unnatural death," the bench observed.

The court has now posted the matter for further hearing after three weeks and asked the state to provide updated data of people died in custody from 2012 till May 31, 2019.