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A.S.ANAND, KULDEEP SINGH
Shri D. K. Basu – Appellant
Versus
State of West Bengal – Respondent
What is the remedy for custodial rights violations and how is monetary compensation to be awarded against the State? What is the scope of Article 21 and 22(1) protection for arrestees, including during interrogation and detention? What are the procedural safeguards and responsibilities required in arrests and custody until statutory provisions are enacted?
Key Points: - The judgment emphasizes that custodial violence infringes Article 21 and requires safeguards beyond existing constitutional provisions (!) (!) (!) . - Monetary compensation against the State for violation of fundamental rights is recognized as a proper public law remedy, based on strict liability, in addition to private law damages (!) (!) (!) . - The Court outlines specific procedural safeguards for arrests and detention, including memo of arrest with witness attestation, informing next of kin, diary entries, medical examinations every 48 hours, and access to counsel during interrogation (till formal statutory rules are enacted) (!) (!) (!) (!) (!) (!) (!) . - It condemns third-degree methods and torture, advocating transparent recording, accountability, and training reforms in police procedures (!) (!) (!) . - The judgment references Joginder Kumar and Neelabati Bahera to support limits on police power and the entitlement to protective rights during custody (!) (!) (!) (!) . - It discusses the State’s liability for custodial death and the possibility of compensatory orders under public law, distinct from private tort remedies (!) (!) (!) . - It calls for legislative amendments (e.g., Section 114B reference) to strengthen evidentiary presumptions and protective measures in custody (!) . - It encourages dissemination of custodial rights information and creation of an institutional framework (control rooms, memorials, and monitoring) for transparency (!) (!) . - The decision stresses that the cure for custodial violence should balance rights with effective crime investigation, rejecting state terrorism while upholding due process [p_28A] (!) .
JUDGMENT
Dr. Anand, J.- The Executive Chairman, Legal Aid Services, West Bengal, a non-political organization registered under the Societies Registration Act, on 26th August, 1986 addressed a letter to the Chief Justice of India drawing his attention to certain news items published in the Telegraph dated 20, 21 and 22 of July, 1986 and in the Statesman and Indian Express dated 17th August, 1986 regarding deaths in police lock-ups and custody. The Executive Chairman after reproducing the news items submitted that it was imperative to examine the issue in depth and to develop "custody jurisprudence" and formulate modalities for awarding compensation to the victim and/or family members of the victim for attrocities and death caused in police custody and to provide for accountability of the officers concerned. It was also stated in the letter that efforts are often made to hush up the matter of lock-up deaths and thus the crime goes unpunished and "flourishes". It was requested that the letter along with the news items be treated as a writ petition under "public interest litigation" category.
2. Considering the importance of the issue raised in the letter and being concerned by frequen
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