LexD.K. BASU versus STATE OF WEST BENGAL
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A
D.K. BASU
v.
STATE OF WEST BENGAL
DECEMBER 18, 1996
B
[KULDIP SINGH AND DR. A.S. ANAND, JJ.]
Constitution of India, 1950 : Articles 21, 22 and 32.
Custodial violence-Torture, rape and death in police custody/lock-
C up-Infringes Art. 21 as well as basic human rights and strikes a blow at rule
of law-Torture involved not only physical suffering but also mental agony-It
was naked violation of human dignity and destruction of human per-
sonality-{nterrogation must be sustained and scientific-Third-degree
methods would be impennissible--Balanced approach needed to meet ends
D of justice so that criminals did not go scot-free-Custodial deaths was one of
the worst crimes in civilised socie~Transparency of action and account-
ability were two safe-guards to check abuse of police power-State terrorism
was no answer to terrorism-Victim of custodial violence and in case of his
death in custody, his f amity members entitled to col'l'!pensation under public
law in addition to remedy available under private law for damages for tortious
E act of police personnef-Mandatory 'requirements' issued by Supreme Court
shall be complied with by police personnel while arresting or detaining any
person-These were in addition to constitutional and statutory direc-
tions-The requirements would apply with equal force to all governmental
agencies-The requirements must be circulated to all police stations and
F publicised through mass media-Failure to comply with the requirements
would render the official concerned liable for departmental action as well as
contempt of court-Proceedings for contempt of court could be instituted in
High Court ha~ing tenitorial jurisdiction-Penal Code, 1860, Ss. 220, 330 and ·
331.
G
Fundamental Rights-Established invasion of-Compensation
for-Held : Compensation could be awarded under public law by Supreme
'
Court and by High Courts in addition to traditional remedies under private
law for tortious acts and pwiishment to wrongdoer under criminal law.
H
Public law proceedings-Object of-Held : Different from private law
284
D.K BASU v. STATE
285
proceedings-Award of compensation in public law proceedings, in a given A
case, could be adjusted against damages awarded in a civil suit.
The petitioner filed a petition-public interest-in this Court in the
wake of news items published in the Telegraph, the Statesman and the
Indian Express regarding deaths in police lock-up and custody. The
petition stated that efforts were often made to hush up the lock-up deaths B
and thus the crime went unpunished and "flourished".
On behalf of the petitioner it was submitted that modalities for
awarding compensation to the victim and/or family members of the victim
for attrocities and death caused in police custody and to provide for C
accountability of the officers concerned be formulated.
Disposing of the petition, this Court
HELD : 1.1. Custodial violence, including torture and death in the
lock ups, strikes a blow at the Rule of Law, which demands that the powers D
of the executive should not only be derived from law but also that the same
should be limited by law. Custodial violence is a matter of concern. It is
aggravated by the fact that it is committed by persons who are supposed
to be the protectors of the citizens. It is committed under the shield of
uniform and authority within the four walls of a police station or Jock-up, E
the victim being tofally hdpless. The Jlrotection of an individual from
torture and abuse by the police and other law enforcing officers is a matter
of deep concern in a free society. 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. The F
issues are fundamental. (295-C-E]
1.2. 'Torture' of a human being by another human being is essentially
an instrument to impose the will of the 'strong' over the 'weak' by suffering.
The word torture today has become synoymous with the darker side of G
human civilisation. "Custodial torture" is a naked violation of human dig·
nity and degradation which destroys, to a very large extent, the individual
personality. It is a calculated assault on human dignity and whenever
human dignity is wounded, civilisation takes a step backward- flag of
humanity must on each such occasion fly half- mast. In all custodial crimesExcerpt shown. Read the full judgment & AI analysis in Lexace.