The Madras High Court today came down heavily on Tamil Nadu Home Department for not getting documents pertaining to deaths in jails.
"There is no question of any difficulty in supplying the copy, and, if at all such a situation had arisen, it should have been brought to the notice of the High Court either on the administrative or judicial side. The authorities have however slept over the matter," a bench of Chief Justice Sanjay Kishan Kaul and Justice R Mahadevan said.
The bench warned the Principal Secretary, Home Department that it may be constrained to pass orders for his personal appearance in case no affidavit is filed within a week.
The matter relates to a PIL filed by K Kesavan, who referred to 1,095 deaths in prisons in the state from 2000 till February 13, 2013. He also sought for a direction for an interim compensation of Rs 5 lakh to the families of the deceased.
Earlier the court after going through the affidavit filed by the Home Department, which stated that out of 137 deaths that took place in the years 2012-2013, only in three cases compensation has been sanctioned and disciplinary action was initiated against erring officials in two cases.
When the matter came up on March 24, the department submitted that reports were awaited in some cases from the District Collectors. It was also submitted that in case of some natural deaths, the cases have been closed.
When the matter came today, the Member Secretary, Tamil Nadu State Legal Services Authority filed a detailed report.
The court after going through the report and noting by Member Secretary that the Department of Home and Public Department have expressed some difficulties in getting the copy of inquest reports from the Judicial Magistrates, said, "there is no question of any difficulty in supplying the copy and if at all such a situation had arisen, it should have been brought to the notice of the High Court."
"The authorities have however slept over the matter."
"On the last date of hearing on March 3, 2016, we once again noted the submission of the Government Pleader that the said affidavit has not been filed and the same would be filed within two weeks. The affidavit has not seen the light of the day", the bench said.
"This is an extremely casual attitude adopted in complying with the direction of the Court. We grant one week's time to file affidavit by Principal Secretary, failing which the Principal Secretary shall remain present in Court, the bench said and posted the matter for further hearing to July 29.
