Jurist India high court issues notice to Uttar Pradesh government after death of prisoner, human rights violations in jails

[Dadparvar]

India’s Allahabad High Court Sunday issued notice to the government of Uttar Pradesh regarding the grossly misconducted magisterial inquiry into the death of a prisoner in May. The court held that the inquiry was a “dereliction of duty and gross abuse of power, affecting the rule of law.”

The petitioner’s father, Sudhakar Prasad Dubey, was arrested on May 12 by the Collection Amin and the Tehsildar (Revenue Officer) and was kept in the revenue lock-up in Robertsganj, Uttar Pradesh. Dubey died on May 19 in police custody. Thereafter, an inquiry was conducted to ascertain the reasons for the custodial death. The petitioner contended that state officials were “non-serious about the inquiry” and made every effort to delay and bury the entire matter.

The Minister of Home Affairs reported that ,in the last two years, approximately 4,484 custodial deaths and 233 deaths during police encounters have taken place in India. In Uttar Pradesh alone, approximately 952 custodial deaths occurred. In June, an incident report (FIR) was also registered against five police officials for brutal custodial violence in Uttar Pradesh.

Justice Surya Prakash Kesarwan and Justice Saurabh Srivastava observed:

Facts of the present case prima facie show violation of fundamental rights guaranteed under Article 14 and 21 of the Constitution of India. More than 3 months have passed, but the authorities from the District Level to the State Level have not shown any sensitiveness to their statutory and constitutional duties. Prima facie such conduct of the respondents needs to be dealt with strictly so that rule of law may prevail.

The court directed Uttar Pradesh’s government to file a counter affidavit to reflect the present conditions of the prisons in Uttar Pradesh and the availability of basic facilities and amenities required for a human being within the prisons.

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