this one i am adding in furtherence to Shrees post
PETITIONER:
SHRI DILIP K. BASU ETC.ASHOK K. JOHARI
Vs.
RESPONDENT:
STATE OF WEST BENGAL & ORS.
DATE OF JUDGMENT: 01/08/1997
BENCH:
A.S. ANAND, K.T. THOMAS
ACT:
HEADNOTE:
JUDGMENT:
THE 1ST DAY OF AUGUST, 1997
Present:
Hon'ble Dr. Justice A.S. Anand
Hon'ble Mr. Justice K.T. Thomas
Dr. A.M. Singhvi, Additional Solicitor General (A.C.), Ms.
Suruchi Agarwal, Sushil Kumar Jain, Y.P. Dhamija, B. Krishna
Prasad, Ms. A. Subhashini, B.B. Singh, Uma Nath Singh,
B.S. Chahar, Ashok Mathur, Ms. Hemantika Wahi, Ms. Nandini
Mukherjee, Kailash Vasdev, C.K. Sasi Raj Kumar Mehta, Dilip
Sinha, K.R. Nagaraja, Ms. S. Janani, Aruneshwar Gupta,
G. Prakash, Ms. Beena Prakash, Shakil Ahmed Syed,
S.N. Jadhav, D.M. Nargolkar, A.S. Pundit, R.B. Misra,
Gunture Prabhakar, Prem Malhotra, M. Veerappa, R.S. Sodhi,
J.K. Manhas, V. Krishnamurthy, D.N. Mukherjee, T. Sridharan,
Gopal Singh, D.S. Mehra, Ms. Kamakshi Singh Mehlwal,
V.G. Pragasam and Ms. Kamini Jaiswal, Advs. with him for the
appearing parties.
O R D E R
The following Order of the Court was delivered:
WITH
WRIT PETITION (CRL) no. 592 OF 1987
O R D E R
On December 18, 1996 in D.K. Basu Versus State of West
Bengal (1997 (1) SCC 416), this court laid down certain
basic "requirements" to be followed in all cases of arrest
or detention till legal provisions are made in that behalf
as a measure to prevent custodial violence. The
requirements read as follows.
"1. The police personnel carrying
out the arrest and handling the
interrogation of the arrestee
should bear accurate, visible and
clear identification and name clear
identification and name tags with
their designations. The
particulars of all such police
personnel who handle interrogation
of the arrestee must be recorded in
a register.
2. That the police officer
carrying out the arrest of the
arrestee shall prepare a memo of
arrest at the time of arrest and
such memo shall be attested by at
least one witness, who may either
be a member of the family of the
arrestee or a respectable person of
the locality from where the arrest
is made. It shall also be
countersigned by the arrestee and
shall contain the time and date of
arrest.
3. A person who has been arrested
or detained and is being held in
custody in a police station or
interrogation centre or other lock-
up, shall be entitled to have one
friend or relative or other person
know to him or having interest in
his welfare being informed, as soon
as practicable, that he has been
arrested and is being detained at
the particular place, unless the
attesting witness of the memo of
arrest is himself such a friend or
a relative of the arrestee.
4. The time, place of arrest and
venue of custody of an arrestee
must be notified by the police
where the next friend or relative
of the arrestee lives outside the
district or town through the Legal
Aid Organisation in the District
and the police station of the area
concerned telegraphically within a
period of 8 to 12 hours after the
arrest.
5. The person arrested must be
made aware of this right to have
someone informed of his arrest or
detention as soon as he is put
under arrest or is detained.
6. An entry must be made in the
diary at the place of detention
regarding the arrest of the person
which shall also disclose the name
of the next fried of the person who
has been informed of the arrest and
the names and particulars of the
police officials in whose custody
the arrestee is.
7. The arrestee should, where he
so requests, be also examined at
the time of his arrest and major
and minor injuries, if any present
on his/her body, must be recorded
at that time. The "Inspection
Memo" must be signed both by the
arrestee and the police officer
effecting the arrest and its copy
provided to the arrestee and the
police officer effecting the arrest
and its copy provided to the
arrestee.
8. The arrestee should be
subjected to medical examination by
a trained doctor every 48 hours
during his detention in custody by
a doctor on the panel of approved
doctors appointed by Director,
Health Services of the State or
Union Territory concerned.
Director, Health Services should
prepare such a penal for all
tehsils and districts as well.
9. Copies of all the documents
including the memo of arrest,
referred to above, should be sent
to the Illega Magistrate for his
record.
10. The arrestee may be permitted
to meet his lawyer during
interrogation, though not
throughout the interrogation.
11. A police control room could be
provided at all district and State
headquarters, where information
regarding the arrest and the place
of custody of the arrestee shall be
communicated by the officer causing
the arrest, within 12 hours of
effecting the arrest and at the
police control room it should be
displayed on a conspicuous notice
board."
This court also opined that failure to comply with the
above requirements, apart from rendering the official
concerned liable for departmental action, would also render
him liable to be punished for contempt of court and the
proceedings for contempt of court could be instituted in any
High Court of country, having territorial jurisdiction over
the matter. This Court further observed :
"The requirements mentioned above
shall be forwarded to the Director
General of every State/Union
Territory and it shall be their
obligation to circulate the same to
every police station under their
charge and get the same notified at
every police station under their
charge and get the same notified at
every police station at a
conspicuous place. It would also
be useful and serve larger interest
to broadcast the requirements on
All India Radio besides being shown
on the national Network of
Doordarshan any by publishing and
distributing pamphlets in the local
language containing these
requirements for information of the
general public. Creating awareness
about the lights of the arrestee
would in our opinion be a step in
the right direction to combat the
evil of custodial crime and bring
in transparency and accountability.
It is hoped and accountability. It
is hoped that thee requirements
would help to curb, if not totally
eliminate, the use of a
questionable methods during
interrogation and investigation
leading to custodial commission of
crimes."
More than seven months have elapsed since the
directions were issued. Through these petitions, Dr.
Singhvi, the learned Amicus Curiae, who had assisted the
Court in the main petition, seeks a direction, calling upon
the Director General of Police and the Home Secretary of
every State/union Territory to report to this Curt
compliance of the above directions and the steps taken by
the All India Radio and the National Network of Doordarshan
for broadcasting the requirements.
We direct the Registry to send a copy of this
application, together with a copy of this order to
respondents 1 to 31 to have the report/reports from the
Director General of Police and the Home Secretary of the
concerned State/Union Territory, sent to this Court
regarding the compliance of the above directions concerning
arrestees. The report shall indicate in a tabular from a to
which of the "requirements" has been carried out and in what
manner, as also which are the "requirements" which still
remain to be carried out and the steps being taken for
carrying out those.
Report shall also be obtained from the Directors of All
India Radio and Doordarshan regarding broadcasts made.
The notice on respondents 1 to 31, in addition, may also be served through the standing counsel of the respective State/union Territories in the Supreme Court. After the reports are received, copies of the same shall be furnished to the Advocate on Record for Dr. Singhvi, Ms.Suruchi Agarwal, Advocate.
The reports shall be submitted to this court in the terms, indicated above, within six weeks from today. The matters shall be put up on board for monitoring, after seven
weeks.
