'Disappointing': Supreme Court Pulls Up State of UP For Not Framing SOP To Medically Examine Persons Released After Investigation

The Supreme Court today(December 8) directed the State of Uttar Pradesh to place the Standard Operating Procedure (SoP) pertaining to the medical examination of persons detained in the police station while releasing them.  The State has to do it on or before December 31. 

This direction comes from a bench comprising Justice KV Viswanathan and Justice SVN Bhatti, which noted that despite the seriousness of the matter, it is disappointing that the State of Uttar Pradesh has failed to come up with an SoP.

The Court was hearing a challenge by the State of Uttar Pradesh to the directions given by the Allahabad High Court to the Director General of Police, Lucknow, to issue a circular directing the Station House Officers of all police stations to get medical examination done of persons who are called for inquiry. The medical examination was to be conducted at the time of release.

In February 2024, the Supreme Court had approved the High Court's directions, reasoning that they were ordered to put up a check on custodial violence on the persons brought to the police station. However, the State of Uttar Pradesh requested that such omnibus directions of this nature not be issued, and instead, certain guidelines are required to be framed. Vide an order dated February 19, 2024, it directed the State of Uttar Pradesh to frame such guidelines within 8 weeks.

When the matter was taken up in May 2024, the State had informed that it was in the process of finalising the SoP. Thereafter, the Union of India was impleaded as a party and adjournments were sought from time to time. This year, on February 28, the State submitted that it will file the SoP within a week. However, till now, no such SoP has been formulated. 

Noting the casual manner in which the State is treating this issue, the Court observed today :  

"It is disappointing to note that the Standard Operating Procedure, as undertaken by the State, has not been filed. The matter pertains to conducting medical examination of persons called to the police station at the time of their exiting the police station. As noticed in the order of 19 February 2024, the directions were issued in order to have a check on custodial violence of persons brought to the police station. The Court, noticing the seriousness of the matter, accepted the contention of the State that, instead of omnibus directions, what is required is the framing of certain guidelines and permitted the State to prepare a Standard Operating Procedure.

Further, on 25 February 2025, the State undertook to file the Standard Operating Procedure within one week from 25 February. Nothing has been done except forming a Committee. We direct that the Standard Operating Procedure, as undertaken, be placed on record on or before 31 December 2025. List the matter on 5th January 2026. Incase the Standard Operating Procedure is not filed, the Home Secretary, State, must file an affidavit setting out as to why, notwithstanding the assurance given to the Court, the Standard Operating Procedure has not been formulated."

Case Details: STATE OF U.P. Vs RAMADHAR KASHYAP MINOR THRU. BROTHER DIVYANSHU|SLP(Crl) No. 9843/2024