VI. Arrest Procedure, Custodial Violence and Compensation D. K Basu V State of West Bengal Air 1997 SC 610 A. Background D.K Basu - Executive Chairman of Legal Aid Services, West Bengal - wrote a letter to the Chief Justice of India, saying that torture and deaths in police custody are widespread and efforts are often made by the authorities to hush up the matter. Because of this, custodial crimes go unpunished. Some newspaper reports published in the Telegraph, Statesman and Indian Express newspapers were also attached to support the contention. Basu urged the Supreme Court to i) Examine the issue in depth (ii) Develop custody jurisprudence and lay down principles for awarding compensation to the victims of police atrocities (iii) Formulate means to ensure accountability of those responsible for such occurrences. The Supreme Court treated the letter as a writ petition. While the writ was under consideration, the Supreme Court received another report about a death in police custody in Uttar Pradesh. This prompted the Court to issue notices to all state governments and the Law Commission of India to submit suggestions on how to combat this all-India problem. B. Observations by the Supreme Court Custodial torture is a naked violation of human dignity, the Supreme Court said. The situation is aggravated when violence occurs within the four walls of a police station by those who are supposed to protect citizens. The Court accepted that the police have a difficult task in light of the deteriorating law and order situation; political turmoil; student unrest; and terrorist and underworld activities. They agreed that the police have a legitimate right to arrest a criminal and to interrogate her/him in the course of investigation. However, the law does not permit the use of third degree methods or torture on an accused person. Actions of the State must be right, just and fair; torture for extracting any kind of confession would neither be right nor just nor fair. 74 Manual on Human Rights for Police Officers