Jharkhand High Court: While hearing a Public Interest Litigation (‘PIL’) seeking disclosure of all custodial deaths in the State, the Division Bench of Tarlok Singh Chauhan, C.J. and Rajesh Shankar, J, held that the affidavit filed by the Principal Secretary, Department of Home, Prison and Disaster Management, was incomplete as it only contained data pertaining to deaths in prison or in judicial custody. Thus, the Court directed that a fresh personal affidavit be filed indicating all cases of death in police custody and police transit.
In compliance with the order dated 25-09-2025, the Principal Secretary filed a personal affidavit. The Principal Secretary was directed to submit an affidavit indicating all cases of custodial death, whether occurring in prison or in judicial custody. The data pertaining to deaths in police transit or police custody was not contained in the affidavit as filed. The affidavit therefore did not meet the requirement of the Court’s direction, since it excluded deaths in police custody and police transit.
The Court emphasised that, in the given facts, it deemed it appropriate to once again direct the Principal Secretary to file a personal affidavit and indicate all cases of death in police custody and police transit. The Court accordingly directed that a fresh affidavit be filed within three weeks, and the matter shall thereafter be listed on 18-12-2025 for consideration.
[Md Mumtaz Ansari v. State of Jharkhand, W.P. (PIL) No. 1218 of 2022, decided on 27-11-2025]
Advocates who appeared in this case :
For the Petitioner: Md. Shadab Ansari, Advocate
For the Respondents: Gaurav Raj, AC to AAG-II