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1998 Supreme(SC) 571
SUPREME COURT OF INDIA
A. S. Anand, S. Rajendra Babu
DILIP KUMAR BASU, PETITIONER
Versus
STATE OF W. B. AND OTHERS, RESPONDENTS.
Crl. M.P. No. 4201 of 1997 in Writ Petitions (Crl.) Nos. 539 of 1986 and 592 of 1987, decided on May 1, 1998.
The Court emphasized the necessity of complete and meaningful compliance reports from State governments regarding guidelines for arrests and custodial deaths, specifically requiring Home Secretaries to report on the status of inquiries conducted under Section 176 of the Code of Criminal Procedure.
Headnote:(A) Code of Criminal Procedure, 1973 - Section 176 - Compliance with guidelines regarding custodial deaths and arrests - Affidavits filed by various States and Union Territories found to be deficient and incomplete - Meaningful responses required regarding specific directions issued by the Court in a landmark judgment on custodial torture and arrests.
(B) Custodial Deaths - Inquiries under Section 176 CrPC - Where inquiries have been initiated but reports are not available, the Home Secretary of the concerned State is required to file an affidavit indicating the status of such inquiries and furnish copies of reports received to ensure a complete picture of compliance.
Facts of the case:
The Court was reviewing compliance reports submitted by various States and Union Territories regarding the implementation of directions issued to prevent custodial torture and ensure fair treatment of detainees. A comparative chart revealed that the information provided in the affidavits was deficient and incomplete.
Findings of Court:
The Court observed that the affidavits furnished by several States and Union Territories were deficient and failed to provide full, up-to-date information. It was noted that while inquiries under Section 176 CrPC had been initiated in some instances of custodial deaths, the corresponding reports were not available.
Issues: Whether the States and Union Territories had adequately complied with the court's directions regarding custodial deaths and arrests, and the status of mandatory inquiries under Section 176 CrPC.
Ratio Decidendi: To ensure the effective implementation of guidelines against custodial torture, the Court requires comprehensive and meaningful compliance reports, including the status and results of statutory inquiries into custodial deaths, to be filed by the highest administrative authority of the respective States.
Result: States and Union Territories directed to furnish meaningful responses and file affidavits through the Home Secretary within 8 weeks.
Legal Category Hierarchy
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crime and sentencing
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custodial deaths
- inquiries under section 176 crpc
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arrest and detention
- compliance with guidelines
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custodial deaths
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practice and procedure
- affidavits
ORDER
Learned amicus curiae, Dr. Singhvi, Senior Advocate, has filed a chart detailing "comparative compliance reports" from various States and Union Territories on the basis of the affidavits submitted by them. According to the chart, it is seen that the affidavits furnished by various States/Union Territories are still deficient and do not furnish full and complete information up-to-date. By way of an example, we have seen the affidavit filed on behalf of the State of Assam as also the NCT of Delhi. Learned counsel appearing for the States are directed to furnish a meaningful response with all details in respect of the 11 directions given in D. K. Basu v. State of W. B. ((1997) 1 SCC 416 : 1997 SCC (Cri) 92) as well as the information which has been found to be deficient in the chart filed by Dr. Singhvi. In some of the States/Union Territories, it appears that in respect of the custodial deaths, inquiries have been initiated under Section 176 CrPC but the reports of inquiries are not available. All those States are required to file affidavits through the Home Secretary of the State concerned, indicating the status of all those inquiries and wherever reports have been received, to furnish copies of those reports together with such other details as are possible, with a view to get a complete picture and ascertain compliance with the directions given in Basu case ((1997) 1 SCC 416 : 1997 SCC (Cri) 92). The needful shall be done within 8 weeks, with an advance copy to Ms. Aggarwal, learned counsel. The matters shall be listed on 31-7-1998 at 2 p.m.
Court Masters
