S. Muralidhar, J

Introduction

1.1 Six policemen belonging to the Special Staff (North-east) of the Delhi Police are appealing against their conviction for the murder of Dalip Chakraborty in 1995. He died on 8th August 1995 as a result of the injuries inflicted upon him by the Appellants while he was in their custody on the 30th and 31st July 1995.

1.2 More than two decades ago, the Supreme Court dealt with the issue of custodial violence in all its manifestations. In D.K. Basu v. State of West Bengal (1997) 1 SCC 416 detailed binding guidelines were laid down with a view to preventing instances of custodial violence, which had witnessed a marked increase over the years. The judgment of Dr Justice A. S. Anand (as the learned Judge then was) acknowledged at the outset that:

“Custodial violence, including torture and death in the lock ups, strikes a blow at the Rule of Law, which demands that the powers of the executive should not only be derived from law but also that the same should be limited by law. Custodial violence is a matter of concern. It is aggravated by the fact that it is committed by persons who are supposed to be the protectors of the citizens. It is committed und