D.K. BASU V. State of West Bengal summary

D. K. BASU Vs. STATE OF WEST BENGAL (WB)

SUPREME COURT OF INDIA

1996

CASE DETERMINING PREREQUISITE OF ARREST

Facts of the case : 

The Executive Chairman of Legal Aid Service, West Bengal, wrote a letter to Chief Justice of India drawing his attention towards increasing cases of deaths in police custody and lock-ups.
It was requested that the letter to be treated as writ petition under 'Public Interest Litigation' category. 

JUDGEMENT : 

The court issue certain directions in cases of arrest or detention unless the appropriate legal provisions were legislated in this regard.
  1. The police officer carrying out interrogation or arrest should bear a clear visible tag of his name, post etc.
  2. The police officer carrying out the arrest should prepare a memo attested by one witness
  3. The police officer in charge should inform the relative, friend or a well wisher of the arrestee about the arrest
  4. The time and place of arrest and venue of detention shall be informed by officer in charge to the will wisher, relative or friend of the arrestee. 
  5. The arrestee must be informed about his rights. 
  6. The entry has to be made regarding the arrest at the place of the detention and also the name of the person to whom it is informed. 
  7. If requested, all the minor and major inquires in the body of arrestee must be recorded. Memo is to be signed by both arrestee and the police officer and the copy is to be given to the arrestee. 
  8. Arrestee, so long in the custody , be subjected to the medical examination every 48 hours by a trained doctor. 
  9. Copies of all the documents be sent to illaqa magistrate
  10. Arrestee be permitted ti meet his lawyer during interrogation, although not throughout the interrogation.
  11. There should be a police control room established at every state and district headquarters where the information regarding the arrest be communicated within 12 hours. 
The non compliance of the above mentioned procedure will lead to the departmental enquiry or even the case for contempt of court which may be constituted at the concerned high court. 
Article 21 and 22(1) provide for the needful flow of the above provided procedure. 



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