The Jharkhand High Court has pulled up the Jharkhand government for what it called a “systemic non-compliance” with the law governing custodial death investigations. The Court directed fresh judicial inquiries in 262 cases where inquiries had allegedly been conducted by Executive Magistrates instead of Judicial Magistrates.
A Division Bench headed by Chief Justice M.S. Sonak observed that the State’s own data revealed “a deeply distressing and shocking picture” regarding custodial deaths and the manner in which such cases were handled.
According to the State’s affidavit, inquiries were conducted in all cases, but 262 of them were handled by Executive Magistrates while only 225 were conducted by Judicial Magistrates.
Court’s Observations
The Bench said it was “shocked beyond words” after examining the figures placed on record.
“The right to life protected by our Constitution also extends to those in the custody of State Authorities,” the Court observed, warning that disregard of legal safeguards would embolden perpetrators and promote lawlessness.
The Court noted that Parliament had shifted the power of custodial death inquiries from Executive Magistrates to Judicial Magistrates nearly two decades ago to ensure independence and avoid conflicts of interest.
Referring to Section 176(1-A) CrPC and Section 196(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the Bench said the use of the word “shall” made judicial inquiry mandatory.
“The legislative use of the term ‘shall’ in this context is an unequivocal command,” the Bench observed.
The Court also criticised the State for treating executive inquiries as substitutes for judicial inquiries.
“Allowing these 262 inquiries to stand… would validate a process that is void ab initio and permit the Executive to remain a judge in its own cause,” the judgment stated.
Directions Issued by the High Court
The High Court declared that inquiries in custodial death cases must be conducted only by Judicial Magistrates and not Executive Magistrates.
It directed the State government to prepare a district-wise list of all custodial death cases from 2018 onward where executive inquiries were conducted and place the records before the concerned Principal District Judges.
The Court further ordered de novo judicial inquiries in those cases and asked that compliance reports be submitted within fixed timelines.
The Bench also directed the Jharkhand Judicial Academy to frame a Standard Operating Procedure and model format for custodial death inquiry reports to ensure uniformity and compliance with NHRC guidelines.
Additionally, the Court said that where inquiry reports reveal custodial violence, negligence, or unnatural death, the matter should automatically be placed before District Victim Compensation Committees for consideration of compensation to the victims’ families.
Decision
Disposing of the PIL, the High Court held that the State of Jharkhand had failed to comply with the mandatory legal requirement of judicial inquiries in custodial death cases and issued a series of binding directions to ensure future compliance with statutory and constitutional safeguards.
Case Details
Case Title: Md. Mumtaz Ansari v. State of Jharkhand & Ors.
Case Number: W.P. (PIL) No. 1218 of 2022
Judge: Chief Justice M.S. Sonak and Justice Rajesh Shankar
Decision Date: May 14, 2026
