'Even Today Court Is Forced Restate DK Basu Principles', Supreme Court Directs Police & Probe Agencies To Strictly Follow Norms On Arrest

In a recent decision, the Supreme Court expressed displeasure with the conduct of the investigative agencies and the police for not adhering to the Constitutional and statutory safeguards while arresting and taking the accused into custody.

An accused was subjected to physical and verbal abuse by a Maharashtra police officer and complainant after he moved out of the lock-up. The accused was handcuffed and paraded half-naked with garland of footwear around his neck.

“It is sad that even today, this Court is forced to restate the principles and directions in D K Basu (supra).”, the Bench Comprising Justices Vikram Nath and Ahsanuddin Amanullah said.

Endorsing the view taken in DK Basu case, where the guidelines were laid down by the Supreme Court about how a detenu has to be treated while he was in custody, the Judgment authored by Justice Ahsanuddin Amanullah observed as follows:

“As such, there will be a general direction to the police forces in all States and Union Territories as also all agencies endowed with the power of arrest and custody to scrupulously adhere to all Constitutional and statutory safeguards and the additional guidelines laid down by this Court when a person is arrested by them and/or remanded to their custody.”

The appellant approached the Supreme Court against the refusal of the Bombay High Court to initiate the departmental inquiry and criminal proceedings against the police officer/respondent no.2.

The court strongly denounced such high-handed action by respondent no.2, who being in a position of power, totally abused his official position subjecting the appellant to physical torture.

“However, in view of the fact that the respondent no.2 has superannuated and during the course of the present proceedings Rs.1,00,000/- (Rupees One Lakh only), apart from what was ordered by the High Court, has also been paid by the respondent no.2 from his own pocket to the appellant, which the appellant accepted, the Court finds that the matter now requires to be finally given a quietus.”, the court added.

The court advocates for a zero-tolerance approach towards such high-handed acts done by the police officer/respondent no.2 and stated such acts must be viewed seriously by the Judiciary.

“Before parting, the Court would indicate that in such matters the Courts need to take a very strict view. A zero-tolerance approach towards such high-handed acts needs to be adopted as such acts, committed by persons in power against an ordinary citizen, who is in a non-bargaining position, bring shame to the entire justice delivery system.”, the court stated.

Counsel For Petitioner(s) Mr. Sandeep Sudhakar Deshmukh, AOR Mr. Nishant Sharma, Adv. Mr. Tushar D.Bhelkar, Adv. Mr. Akshay Jagtap, Adv.

Counsel For Respondent(s) Mr. Aaditya Aniruddha Pande, AOR Mr. Siddharth Dharmadhikari, Adv. Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv. Mr. Aditya Krishna, Adv. Mr. Atul Babasaheb Dakh, AOR Mr. Bitu Kumar Singh, Adv. Mr. Praveen Pandey, Adv.

Case Title: SOMNATH VERSUS THE STATE OF MAHARASHTRA & ORS.

Citation : 2024 LiveLaw (SC) 252

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