Annual Report 1999-2000
COMMENT
In the case of Shri D.K. Basu v State of West Bengal^, detailed instructions were given by
the Supreme Court on the procedures to be followed by the police in cases of arrest or
detention. These instructions, inter alia, include ;
□ The arrestee should, when he so requests, be medically examined at the time of
arrest and major and minor injuries, if any, as are present on his or her body, be
recorded in a memo. The inspection memo should be signed both by the arrestee
and by the police officer concerned, and a copy should be given to the arrestee.
□ The arrestee should undergo a medical examination by a trained doctor every
forty-eight hours of his detention in custody.
The Supreme Court of India imparted a new dimension to the enforceability of these
directions by attaching the sanction of commitment or contempt for breach or violation
of these requirements. Article 10(1) of the ICCPR requires the State party to ensure that
all persons deprived of their liberty shall be treated rvith humanity and respect for the
inherent dignity of the human person. Article 11 of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment stipulates that each State
party shall keep under systematic review, interrogation rules, instructions, methods and
practices as well as arrangements for the custody and treatment of persons subjected to
any form of arrest, detention or imprisonment in any territory under itsjurisdiction, with
a view to preventing any cases of torture.
Negligence of public authorities—Death of a witness in the police station: Gujarat
(Case No. 7820/96-97/NHRC)
The death of one Hasmukhbhai Kanubhai was reported to the Commission by the
Section Officer of the Department of Home of the Gujarat Government. It was stated
that he had died in the Mahuva police station, where he had been brought as a witness
for interrogation. The report of the Sub-Divisional Magistrate stated that the deceased
had been detained overnight in the police station. The next day, he had complained
of pain in the chest and symptoms of diarrhoea. As his condition started deteriorating,
his relatives sought medical help, but the police officials on duty brushed aside thenrequest saying that they were waiting for the Investigation Officer, who alone could take
a decision in this regard. After a considerable delay, ±e deceased was taken in an
autorickshaw to the hospital, where he was declared as brought dead. The Government,
however, did not consider the death as one in police custody, as the deceased was not
an accused, but a witness brought in for interrogation at the police station, and had
died on the way to the hospital.
I
AIR 1997 SG 610.
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