[Custodial Deaths] Supreme Court seeks response from NHRC, Centre; calls for data on incidents

The Supreme Court on Wednesday issued notice to NHRC and the Centre on an application filed by Senior Counsel Abhishek Manu Singhvi highlighting the alarming figures of custodial deaths..The Bench of Justice UU Lalit and Vineet Saran also sought to know if all the State Human Rights Commissions across all States were functional while fixing the next date for hearing on August 26..The Centre, as well as the National Human Rights Commission (NHRC), are required to file their detailed replies before the Supreme Court in the meantime along with data from all States as regards custodial deaths in both police and judicial custody..This order came after Amicus Curiae Abhishek Manu Singhvi submitted before the Court that in the year 2017-18 only 2.2 percent of the cases of custodial deaths were recommended for being prosecuted whereas the number in the preceding year stood at an abysmally low 1.2 percent..The case will be heard next on August 26..Senior Advocate Abhishek Manu Singhvi had filed an application in the Supreme Court seeking to revive proceedings in its landmark case on custodial violence, DK Basu v. State of West Bengal in light of the recent incidents of police violence and brutality in custody..In his application, Singhvi recounts the preliminary guidelines against illegal and arbitrary arrests and custodial violence laid down in the Court's 1996 judgment. The Senior Advocate, who had served as amicus curiae in DK Basu, cites the increasing cases of custodial violence and police torture in recent times as the reason for filing the application..AM Singhvi files application in SC to revive proceedings under DK Basu v. State of West Bengal, seeks directions against custodial violence.Citing figures quoted by the NHRC in its report of 2017-18, the application points out that there had been as many as 148 custodial deaths. .Singhvi states that the application is an attempt to further expand and enhance the institutional framework for minimizing custodial death and custodial torture, provide intrinsic and substantial safeguards to citizens and the public to minimize such transgressions, and to ensure a reform that is case-neutral, event-neutral and state-neutral and which focuses on principles of human and civil rights..The application, citing the example of custodial deaths in Sathankulam as well as the encounter killing of gangster Vikas Dubey, avers that the lack of accountability for such transgressions and violations of personal freedom, liberty and dignity by police officers results in scant regard for the guidelines, protocols and SOPs issued by the Supreme Court, the NHRC, and various State Human Rights Commissions..While requesting the Court to revive proceedings under DK Basu, Singhvi has prayed for directions to the Centre to ratify the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1987 and to incorporate its provisions into domestic Indian law..Directions have also been sought on the following aspects, among others:That the policemen named in the case be put under suspension pending trial from the day Judicial Magistrate completes his/her preliminary inquiry and files the report unless the preliminary report of the Judicial Magistrate completely exonerates the police official concerned.Disentitle any police official under departmental action and/or prosecution for custodial death/torture/encounter killing from receiving any award or reward from the government.All police stations and prisons should have CCTV recording. The state should explore the possibility and feasibility of providing dashboard/personnel cameras for police officials while making any arrest/detention..The application was filed through Advocate Lzafeer Ahmad..Read Order: