AM Singhvi files application in SC to revive proceedings under DK Basu v. State of West Bengal, seeks directions against custodial violence

On account of recently reported cases of transgressions by the police, Senior Advocate Abhishek Manu Singhvi has filed an application in the Supreme Court seeking to revive proceedings in its landmark case on custodial violence, DK Basu v. State of West Bengal..In his application, Singhvi recounts the preliminary guidelines against illegal and arbitrary arrests and custodial violence laid down in the Court's 1996 judgment. The Senior Advocate, who served as amicus curiae in DK Basu, cites the increasing cases of custodial violence and police torture in recent times as the reason for filing the application..The application states,."As per the 2017-18 Annual Report published by the NHRC, it received 1,636 intimations concerning death in judicial custody, and 148 intimations of death in police custody during the year 2017-18. During the same period, apart from monetary relief in some of the cases, the Commission had recommended prosecution in only 2 cases and departmental inquiry in only 38 cases, i.e., in only 2.2% of the cases in which the commission had received information of custodial deaths."Application filed in Supreme Court.Singhvi states that the application is an attempt to further expand and enhance the institutional framework for minimizing custodial death and custodial torture, provide intrinsic and substantial safeguard to citizens and public to minimize such transgressions, and to ensure a reform that “is case neutral, event neutral and state neutral and focusses on issues, principles of human and civil rights, safeguards and methodologies”..Though the application comes soon after the recent custodial deaths of Jayaraj and Bennix in Tamil Nadu, and the encounter killing of gangster Vikas Dubey and his aides by the Uttar Pradesh police, Singhvi categorically states these cases have been only used for “illustrative purposes.”.[Santhakulam Custodial Deaths] Why does such violence occur in a civil society? Need to address underlying mental health issues: Madras HC .Hours before gangster Vikas Dubey's encounter killing, plea was filed before Supreme Court apprehending his death and seeking protection.The application avers that the lack of accountability for such transgressions and violation of personal freedom, liberty and dignity by police officers results in scant regard for the guidelines, protocols, SOPs issued by the Supreme Court, the National Human Rights Commission, and various State Human Rights Commissions..Among other core issues, the amicus curiae questions the inordinate delay in either initiating or completing the mandatory inquiry of deaths in police custody under Section 176 of the Code of Criminal Procedure (CrPC). “There is no reason why such inquiry should not be completed within 4 months”, reads the application..The absence of CCTV cameras in police stations has also been pointed out. Without the same, the full implementation of the Apex Court's verdict in DK Basu cannot be ensured, the application states..While requesting the Court to revive proceedings under DK Basu, Singhvi has prayed for directions to the Centre to ratify the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1987 and to incorporate its provisions into domestic Indian law..The application also prays for directions to be issued to create a permanent committee in each state headed either by the Chief Justice or a judge of the High Court nominated by the Chief Justice, along with one respectable independent member of civil society and one senior government IAS officer not below the rank of joint secretary, to oversee and monitor investigations..Directions have also been sought on the following aspects, among others:That the policemen named in the case be put under suspension pending trial from the day Judicial Magistrate completes his/her preliminary inquiry and files the report, unless the preliminary report of the Judicial Magistrate completely exonerates the police official concerned.Disentitle any police official under departmental action and/or prosecution for custodial death/torture encounter killing from receiving any award or reward from the government.All police stations and prisons shall have CCTV recording and further issue directions to the state to explore the possibility and feasibility of providing dashboard/personnel cameras for police officials while making any arrest/detention..[Read the application]