New Delhi: Custodial violence is one of the worst forms of human rights violations, the Supreme Court said on Thursday, adding that it is an unfortunate reality of the country and one that is judicially acknowledged.
A bench of Justices Ujjal Bhuyan and Atul S Chandurkar said the endeavour of the top court has always been to eliminate custodial violence which unfortunately takes place when a person is under detention.
The observations came in a judgment in which the apex court held that the 24-hour constitutional deadline for producing an arrested person before a magistrate begins from the moment he is detained, and not from the time the police formally makes the arrest.
“Custodial violence is an unfortunate reality of our country and is judicially acknowledged….This court continues to remain concerned with the issue of human rights abuse in police custody…
“Therefore, it is evident that the endeavour of this court has always been to ensure that no custodial violence takes place during interrogation, which is one of the worst forms of human rights violations,” the bench said.
The top court also referred to observations in the horrific Bhagalpur blindings of prisoners in 1979-1980 in which it had said the provisions inhibiting detention without remand is very healthy, enabling the magistrate to keep a check over police investigation.
The Bhagalpur blindings were a series of brutal human rights abuses in Bhagalpur, Bihar, where police intentionally blinded dozens of undertrial prisoners between October 1979 and July 1980.
It also referred to the case known as the DK Basu case in which the Supreme Court laid down specific guidelines required to be followed while making arrests.
“Likewise, in DK Basu, this court acknowledged the prevalence of custodial violence and abuse of police power in the country and observed with concern that notwithstanding the constitutional and statutory safeguards, growing instances of torture and death in police custody was a disturbing factor,” the bench said.
“Significantly, this court recorded that the worst violation of human rights takes place during the course of investigation when the police with a view to extract information or confession resorts to third degree methods by adopting techniques of screening arrest by either not recording the arrest or describing the deprivation of liberty merely as a prolonged interrogation,” the bench said.
