How to enforce arrest guidelines as per "D.K. Basu Vs. State of West Bengal." landmark judgment

This query is : Resolved 
 


Querist : Anonymous (Querist)
11 April 2011

Sirs,

Please inform the steps that common man can take to enforce the Supreme Court of India "D.K. Basu Vs. State of West Bengal." land mark judgment.

ie memo of arrest of accused to be prepared with 1 witness, all documents including memo of arrest to be forwarded to illaka magistrate, in notice board at district head quarters names of arrested person to be displayed, etc

I am from delhi and was having anticipatory bail but was arrested and released by the sub inspector in delhi without following the mandaory guidelines and procedures as laid down in the "D.K. Basu Vs. State of West Bengal." judgment.

several round of enquiries by district vigilance, vigilance at asaf ali road, phq have recorded the fact that the same was not complied with during arrest but they are refusing to take any departmental action, departmental proceeding, file FIR or start contempt proceeding against him

they keep on exonerating him giving different grounds like he was new so did not know arrest guidelines and procedure, during training such arrest guidelines were not informed to him, police have more important work to do then filling up papers to give to illaka magistrate, etc

Also the sub inspector has prepared the two memo of arrest and conviction slip having two different dates so now as per police record I have spent 2 days in lock up.

Kindly advice what remedy is available to me as a common man, who can not afford to spend money to at laest get some justice and force delhi police to take action against the sub inspector as per provsions of law.

regards



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Guest (Expert)
12 April 2011

FILE A PETITION TO THE CONCERNED SUPERINTENDENT OF POLICE REGARDING THE ATROCITY OR VIOLENCE OF LEGAL PROCEDURES WHICH ARE NOT FOLLOWED. ALSO FILE A COMPLAINT TO THE HUMAN RIGHTS COMMISSION YOU WILL GET RELIEF. ALSO FILE A PETITION TO THE TALUK/DISTRICT LEGAL SERVICES AUTHORITY IN YOU LOCALITY WHICH IS SITUATED IN COURT PREMISES AND THEY WILL APPOINT AN LEGAL AID ADVOCATE TO HELP TO SOLVE/GET RELIEF IN YOUR LEGAL ISSUES POST/PRE-LEGAL STATUS.


Querist : Anonymous (Querist)
12 April 2011

Sir,

I have already complained to the National Human Rights Commission (NHRC) and there delhi police has through written reply by DCP admitted that mistakes were made. They also admitted that 1 conviction slip and 1 memo of arrest got made by mistake with wrong details.

But when NHRC wants to know what departmental action/proceedings or punishment is being given to the sub inspector they are just continously having different enquries for same being set up continously, even after each enquiry is finding him guilty.

Alo NHRC has been sending several reminders to Delhi Police from last 13 - 14 months but since NHRC does not have any penal powers the police seems to be avoiding to reply

I tried to approach staff of metropolitan magistrate for help but court nayab there also orally said nothing can be done against delhi police.

Sirs, please tell some method to get relief and have this land mark judgment enforced.

Uma parameswaran (Expert)
12 April 2011

Move before High Court under 482 CrPC.



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