JUDGMENT :

SANJIB BANERJEE, CJ.

1. This suo motu public interest litigation was initiated pursuant to a direction issued by the Supreme Court in the judgment reported at (2017) 10 SCC 658 (Re-Inhuman conditions in 1382 prisons).

2. Two aspects must be pointed out from the relevant judgment. The first is that a distinction was sought to be made by the National Crime Records Bureau between natural and unnatural deaths in custody. At paragraph 6 of the judgment, the Supreme Court found the distinction to be unclear. Secondly, on the issue of defining natural and unnatural deaths, the Supreme Court went on to observe as follows at paragraph 9 of the report:

“9. On the issue of defining natural and unnatural deaths, the learned Amicus Curiae drew our attention to the Guidelines on Investigating Deaths in Custody issued by the International Committee of the Red Cross (ICRC). According to ICRC, “death” is the irreversible cessation of all vital functions, including brain activity. Death is “natural” when it is caused solely by disease and/or the aging process. It is “unnatural” when its causes are external, such as intentional injury (homicide, suicide), negligence or unintentional injury (death by accident). We have perused the guidelines provided by ICRC and are of the view that these guidelines deserve consideration and circulation by the Central Government and all the State Governments.”

3. After considering several reports, recommendations and suggestions made from several quarters, certain directions were issued by the Supreme Court in the relevant judgment at paragraph 58 and the various sub-paragraphs thereunder. For the purpose of the present proceedings, paragraph 58.1 of the report is relevant, as has been rightly pointed out on behalf of the State:

“58.1. The Secretary General of this Court will transmit a copy of this decision to the Registrar General of every High Court within one week with a request to the Registrar General to place it before the Chief Justice of the High Court. We request the Chief Justice of the High Court to register a suo motu public interest petition with a view to identifying the next of kin of the prisoners who have admittedly died an unnatural death as revealed by NCRB during the period between 2012 and 2015 and even thereafter, and award suitable compensation, unless adequate compensation has already been awarded.”

4. In course of the present proceedings it has come to light that there have been 53 custodial deaths in the State since 2012. Detailed reports have been filed by the State indicating the likely causes of deaths in each case, appending copies of the post-mortem and inquest reports, sometimes relying on reports furnished by the forensic science laboratory or even the histopathological reports and, finally, the findings of the magisterial inquiry, albeit such inquiries being conducted by an Executive Magistrate in each case. Notices pertaining to this matter have been issued on several occasions and the next of kin of those who died in custody have been informed, except in cases where the relevant inmate may have been from Bangladesh. It is also the State’s submission that no person ot