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Home (/) / Supreme court (/supreme-court) / 'Even Today Court Is Forced Restate...

'Even Today Court Is Forced Restate DK Basu Principles',

Supreme Court Directs Police & Probe Agencies To
Strictly Follow Norms On Arrest
Yash Mittal
(/yash-mittal)
22 Mar 2024 8:21 AM

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In a recent decision, the Supreme Court expressed displeasure with the conduct of
the investigative agencies and the police for not adhering to the Constitutional and
statutory safeguards while arresting and taking the accused into custody.

An accused was subjected to physical and verbal abuse by a Maharashtra police

officer and complainant after he moved out of the lock-up. The accused was
handcuffed and paraded half-naked with garland of footwear around his neck.

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“It is sad that even today, this Court is forced to restate the principles and
directions in D K Basu (supra).”, the Bench Comprising Justices Vikram Nath and
Ahsanuddin Amanullah said.

Endorsing the view taken in DK Basu

(https://main.sci.gov.in/jonew/judis/13877.pdf)
(https://main.sci.gov.in/jonew/judis/13877.pdf)case, where the guidelines were
laid down by the Supreme Court about how a detenu has to be treated while he
was in custody, the Judgment authored by Justice Ahsanuddin Amanullah
observed as follows:

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“As such, there will be a general direction to the police forces in all States and
Union Territories as also all agencies endowed with the power of arrest and
custody to scrupulously adhere to all Constitutional and statutory safeguards and
the additional guidelines laid down by this Court when a person is arrested by
them and/or remanded to their custody.”

The appellant approached the Supreme Court against the refusal of the Bombay
High Court to initiate the departmental inquiry and criminal proceedings against
the police officer/respondent no.2.

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The court strongly denounced such high-handed action by respondent no.2, who
being in a position of power, totally abused his official position subjecting the
appellant to physical torture.

“However, in view of the fact that the respondent no.2 has superannuated and
during the course of the present proceedings Rs.1,00,000/- (Rupees One Lakh
only), apart from what was ordered by the High Court, has also been paid by the
respondent no.2 from his own pocket to the appellant, which the appellant
accepted, the Court finds that the matter now requires to be finally given a
quietus.”, the court added.

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The court advocates for a zero-tolerance approach towards such high-handed acts
done by the police officer/respondent no.2 and stated such acts must be viewed
seriously by the Judiciary.

“Before parting, the Court would indicate that in such matters the Courts need to
take a very strict view. A zero-tolerance approach towards such high-handed acts
needs to be adopted as such acts, committed by persons in power against an
ordinary citizen, who is in a non-bargaining position, bring shame to the entire
justice delivery system.”, the court stated.

Counsel For Petitioner(s) Mr. Sandeep Sudhakar Deshmukh, AOR Mr. Nishant
Sharma, Adv. Mr. Tushar D.Bhelkar, Adv. Mr. Akshay Jagtap, Adv.
 Counsel For Respondent(s) Mr. Aaditya Aniruddha Pande, AOR Mr. Siddharth
Dharmadhikari, Adv. Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv. Mr. Aditya
Krishna, Adv. Mr. Atul Babasaheb Dakh, AOR Mr. Bitu Kumar Singh, Adv. Mr.
Praveen Pandey, Adv.

Case Title: SOMNATH VERSUS THE STATE OF MAHARASHTRA & ORS.

Citation : 2024 LiveLaw (SC) 252

Click Here To Read/Download The Judgment (https://www.sci.gov.in/wp-

admin/admin-ajax.php?
action=get_judgements_pdf&diary_no=45012019&type=j&order_date=2024-03-18)

Tags Justice Vikram Nath (https://www.livelaw.in/tags/justice-vikram-nath)

Justice Ahsanuddin Amaah (https://www.livelaw.in/tags/justice-ahsanuddin-amaah)

Custodial Violence (https://www.livelaw.in/tags/custodial-violence)

DK Basu Guidelines (https://www.livelaw.in/tags/dk-basu-guidelines)

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