Bench:Kuldip Singh, A.S. Anand
There was an observable increase in number of ‘Use of 3rd Degree’, Custodial Crimes and Lock-up Deaths inspite of the constitutional provisions (Article 21 and Article 22) and statutory provisions (CrPC: Sections 41, 46, 49, 50, 53, 54, 57, 167 and 176) which safeguard the personal liberty and life of a citizen. DK Basu (chairman of Legal Aid Services West Bengal), sent a letter to the Chief Justice of India addressing:The need to develop ‘Custody Jurisprudence’. The lack of and hence required, procedures to provide compensation to victims of such breach of Fundamental Rights. He requested that the letter should be treated as a writ petition, and a PIL be filed in that regard.Alongside, the custodial death of Mahesh Bihari in Aligarh: addressed in a letter by Shri A.K. Johri, was treated as a Writ Petition in the same category.
These petitions raise important issues concerning police powers, including whether monetary compensation should be awarded for established infringement of the Fundamental Rights guaranteed by Articles 21 and 22 of the Constitution of India.
What are the Fundamental rights of an arrested person to reduce custodial violence.
The Supreme Court laid down the process/ certain basic requirementsto be followed in all cases of arrest or detention till legal provisions are made in that behalf as a measure to prevent custodial violence.
The Guidelines for rights of accused person –