Background:
D.K. Basu, a legal activist and executive chairman of the Legal Aid Services, West Bengal, wrote a letter to the Chief Justice of India in 1986, highlighting the increasing incidents of custodial torture and deaths in police custody across India. The letter was treated as a writ petition under Article 32 of the Constitution, addressing the violation of fundamental rights, particularly Article 21 (Right to Life and Personal Liberty).
Key Issue:
The central issue was whether the Indian police could be held accountable for custodial violence and deaths and if guidelines could be established to prevent such violations of constitutional and human rights.
Arguments:
Petitioner’s Argument (D.K. Basu):
D.K. Basu argued that custodial violence and deaths were a gross violation of human rights and fundamental rights guaranteed under the Constitution. He highlighted the lack of transparency and accountability in the police system and demanded the formulation of guidelines to safeguard the rights of individuals detained by the police.
State’s Argument (State of West Bengal and Others):
The State contended that while custodial deaths and torture were not sanctioned practices, they were often difficult to monitor due to the operational challenges police officers faced. They argued that police personnel were acting under significant pressure, which sometimes led to excesses.
Judgment:
The Supreme Court, recognizing the seriousness of the issue, delivered a landmark judgment in 1997. The Court issued detailed guidelines to be followed during the arrest, detention, and interrogation of individuals to prevent abuse and ensure transparency. Some of the key guidelines include:
The police must record the arrest and the place of detention of the accused.
An arrested person must be informed of their rights and allowed to inform a relative or friend.
The police must prepare a memo of arrest, signed by at least one witness, preferably a relative of the detainee.
The detainee must undergo a medical examination every 48 hours during detention by a doctor on the approved panel.
A magistrate must be informed of the arrest within 24 hours.
Police officers conducting interrogations must wear visible identification and name tags.
These guidelines are now known as the D.K. Basu Guidelines, and they form part of the procedure for arrest and detention under Indian law.
Significance:
The D.K. Basu case is a landmark judgment that strengthened the protection of human rights in India. It emphasized the accountability of law enforcement agencies and the importance of adhering to procedures that respect the dignity and rights of individuals. The guidelines laid down by the Court have since become essential in ensuring transparency in police actions and safeguarding the constitutional rights of citizens.
This case remains a critical point of reference in legal discussions on custodial rights, human rights law, and police reform in India.
