How do we check the abuse of police power? Transparency of action and accountability
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1255 OF 1999
Peoples Union for Civil Liberties & Anr. ... Appellants
Versus
State of Maharashtra & Ors. ... Respondents
WITH
CRIMINAL APPEAL NO.1256 OF 1999
CRIMINAL APPEAL NO.1367 OF 1999
WRIT PETITION (C) NO.316 OF 2008
CONTEMPT PETITION (C) No.47 OF 2011
IN
WRIT PETITION (C) NO.316 OF 2008
TRANSFERRED CASE (C) NO.27 OF 2011
O R D E R
R.M. LODHA, CJI.
7. Article 21 of the Constitution of India guarantees right to live
with human dignity. Any violation of human rights is viewed seriously by
this Court as right to life is the most precious right guaranteed by Article 21
of the Constitution. The guarantee by Article 21 is available to every person
and even the State has no authority to violate that right.
8. In D.K. Basu1, this Court was concerned with custodial
violence and deaths in police lockups. While framing the requirements to
be followed in all cases of arrest or detention till legal provisions are made
in that behalf, this Court issued certain directives as preventive measures.
1
D.K. Basu v. State of West Bengal; [(1997) 1 SCC 416]
6
While doing so, the Court in para 29 (page 433 of the Report) made the
following weighty observations:
29. How do we check the abuse of police power?
Transparency of action and accountability perhaps are two
possible safeguards which this Court must insist upon.
Attention is also required to be paid to properly develop work
culture, training and orientation of the police force consistent
with basic human values. Training methodology of the police
needs restructuring. The force needs to be infused with basic
human values and made sensitive to the constitutional
ethos. Efforts must be made to change the attitude and
approach of the police personnel handling investigations so
that they do not sacrifice basic human values during
interrogation and do not resort to questionable forms of
interrogation. With a view to bring in transparency, the
presence of the counsel of the arrestee at some point of time
during the interrogation may deter the police from using
third-degree methods during interrogation.