Dilip Basu
v.
State Of W.b
(Supreme Court Of India)
Crl. MPs. Nos. 4201 of 1997, 4105 of 1999, 2600-01 of 2000 and 480 of 2001 in WPs (Crl.) Nos. 539 of 1986 and 592 of 1987 | 12-10-2001
Dr. A.S. Anand, C.J. - In D.K. Basu v. State of W.B., (1997) 1 SCC 416 [LQ/SC/1996/2231] , this Court gave certain basic "requirements", in addition to the safeguards provided under the Code of Criminal Procedure and other laws, to be followed in all cases of arrest or detention, till legal provisions are made in that behalf, as a measure to prevent and in any case to reduce incidents of custodial violence. As many as 11 "requirements" were laid down in that order, dated 18-12-1996. Subsequently, on an application filed by the learned amicus, to assess whether those directions were being respected and complied with by various States and Union Territories, we issued notice to all the States and Union Territories calling upon them to file affidavits and state in a tabular form whether each of those 11 "requirements" was being complied with and if not, the reasons for non-compliance. Almost all the States and Union Territories have filed their affidavits. Charts have also been filed indicating which of the directions have been complied with and the deficiency in complying with other requirements. Dr A.M. Singhvi, learned amicus submits that since the affidavits from almost all the States and Union Territories have now been received, he would put in writing certain suggestions for further monitoring of the case by agencies other than by this Court to save the time of this Court. Let him file necessary suggestions within one week.
2. In the meanwhile, after considering the affidavits and reports filed on behalf of various States and Union Territories, it appears appropriate to us to direct all the States and Union Territories to issue instructions to the agencies concerned for completing the inquiry by Magistrates into causes of custodial death as envisaged by Section 176 Criminal Procedure Code, as far as possible within a period of four months. In case, where the inquiry into the cause of death while in police custody, cannot be completed within the aforesaid period of four months, reasons shall be recorded by the officer and permission sought from the Sessions Judge of the district concerned for some more time to complete the inquiry. The Sessions Judges shall, while granting extension keep in view the desirability of early completion of Section 176 Criminal Procedure Code inquiries. We are issuing this direction for expeditious completion of the inquiries under Section 176 Criminal Procedure Code so that the object given in the directions in D.K. Basu case1 is not frustrated.
3. Learned counsel for the States and the Union Territories undertake to communicate this direction to the respective State Governments/Union Territories for strict compliance.
Advocates List
none
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE JUSTICE DR. A.S. ANAND, C.J.
HON'BLE JUSTICE R.C. LAHOTI
HON'BLE JUSTICE P. VENKATARAMA REDDI
Eq Citation
(2003) 11 SCC 725
2001 (7) SCALE 487
LQ/SC/2001/2349
HeadNote
Constitution of India — Arts. 21 and 32 — Custodial violence — Directions in D.K. Basu case, 1997 Supp. (1) SCC 416 to be complied with — Directions in D.K. Basu case, 1997 Supp. (1) SCC 416, reiterated — Directions — Custodial violence — Prevention of