Revival of DK Basu vs. State of West Bengal proceedings in relation to custodial default in recent cases, AM Singhvi:

On the recent account of transgression of police a revival application of landmark judgement in DK Basu v. State of West Bengal was administered by Senior Advocate Abhishek  Manu Singh in Supreme Court in relation to the custodial violence by the police and their limits in such proceeds.

In such application Singhvi’s preliminary argument was in relation to the guidelines against illegal as well as Arbitrary arrest in lieu of Custodial Violence laid by court in its 1996 judgement. Singhvi cited that the reason for initiating such an application was in relation to the increasing cases of custodial Violence and Torture in lieu of recent events by the police.

Singhvi clearly focused over the intrinsic and substantial safeguard to the citizens against unlawful and illegal arrests and tortures in relation to custodial offences against the citizens. The appeals was just to minimise such transgressions and maintain a reform “in case  neutral, event neutral and state neutral and focuses on issues, principles of human and civil rights, safeguards and methodologies.”

As the application follows immediately after  custodial deaths of Jeyaraj and Bennix in Tamil Nadu, and  the encounter killings of Gangster Vikas Dubey and his aids by the UP Police, Singhvi stated that these cases have been used for illustrative purposes only. The application draws attention to the lack of accountability of such transgressions by police officials and such acts being in violation of personal freedom, dignity and Liberty by the Police in relation to guidelines of SOPs, National Human rights Commission and State Human rights Commission.

The absence of CCTV cameras in Police Stations has also been noted without such Apex Court Verdict in DK Basu vs. State cannot be ensured.

With the revival of proceeding in DK Basu v. State of West Bengal, a prayer was made to the directions of ratification in relation to the _United Nations convention against torture and other inhuman or degrading treatment or punishment, 1987.

The application thus prayed to arrange and construct a permanent committee in every state either headed by the Chief Justice or judge of High Court nominated by Chief Justice, with one senior and respectable member of the society, and one senior Government IAS officer not below the rank of Joint Secretary, in duty to oversee and monitor investigations.

By Rajat Verma