Guidelines in DK Basu's case against Police excesses should be implemented in strict letter and spirit: P&H HC

The Punjab and Haryana High Court on Friday directed the Director General of Police in the State of Haryana to ensure compliance by the police with the guidelines issued by the Supreme Court in DK Basu v. State of West Bengal to guard against police excesses.

. Justice Arun Monga emphasised,

. "Directions issued by Apex Court and the envisaged procedural safeguards to be observed by police administration per D. K. Basu’s case are no doubt to be followed/implemented in strict letter and spirit." Punjab and Haryana High Court . The Petitioner, a farmers' group ' Sabka Magal Ho', had approached the High Court alleging police excesses during famers' protests against the new Farmers Bills being debated in Parliament.

. The petitioner contended that police officials, both in uniform and otherwise, lathi-charged protestors. After many farmers suffered injury, there was no medical assistance to them, it was submitted.

. The plea before the High Court sought the Court's intervention in making sure the police wore proper uniform along with identification while on duty, especially during agitations and protests.

. While the Bench of Justice Arun Monga refrained from adjudicating the matter at hand on merits, he issued direction to the Director Generals of Police to ensure the DK Basu Guidelines were publicised and followed in police stations throughout Punjab and Haryana.

. Additionally, the Court required the DGP to ensure that a copy of the guidelines was printed and pasted on a conspicuous notice board at the entrance of each police station. The Guidelines were to be inscribed in a font size of 20 or 24, it was emphasized.

. The petitioner was directed to send a representation to the appropriate authorities with its grievances. Justice Moga enjoined the authorities to decide the representation in accordance with law, as expeditiously as possible.

. The DK Basu Guidelines include the following :

Police officers involved in arresting or interrogating a person must wear visible ID along with their designation. The particulars of an officer conducting an interrogation must be recorded in a register.

An arrest memo should be prepared during an arrest, attested by at least one witness.

An arrestee must be allowed to inform their relative or next friend about their arrest and the place of their detention.

If the relative resides outside the district or town, the legal aid organisation is to communicate the information.

The person arrested must be made aware of their right to inform their friend/relative about the arrest. The name of the person informed must be recorded as well.

An arrestee may seek a medical examination for major or minor injuries and a report of this must be drawn up.

A trained doctor must examine the arrestee every 48 hours.

A copy of all documents prepared should be forwarded to a Magistrate.

A person arrested must be allowed to meet with his lawyer during interrogation, but not throughout.

The establishment of a police control room at every district and state headquarter, where information about arrests are transmitted and displayed publicly.

. On a related note, the Supreme Court is expected to take up a plea seeking fresh guidelines against custodial torture next month.

.AM Singhvi files application in SC to revive proceedings under DK Basu v. State of West Bengal, seeks directions against custodial violence. Advocate PK Rapria represented Sabka Mangal Ho before the High Court, and DAG Mamta Talwar appeared for the State.

. Read the Order here:

Guidelines in DK Basu's case against Police excesses should be implemented in strict letter and spirit: P&H HC

Lydia Suzanne Thomas

Related Stories