Kishore Singh Vs CBI

  IN THE SUPREME COURT OF INDIA

           CRIMINAL APPELLATE JURISDICTION

          CRIMINAL APPEAL NO. 2047-2049 of 2010
       [arising out of SLP(Criminal) Nos. 8485-87 of 2009]

Central Bureau of Investigation                  ..    Appellant

           -versus-

Kishore Singh & others                           ..   Respondents


                        JUDGMENT

Markandey Katju, J.

25. When a person is brought to the police station and locked up there, obviously he is under arrest. Article 22(2) of the Constitution requires that within 24 hours of the arrest the arrested person must be produced before a magistrate, and the same is the requirement in Section 57 Cr.P.C.  ....

26. Also all the accused are guilty of totally flouting and throwing to the winds the directives of this Court in D.K. Basu vs. State of West Bengal 1997 (1) SCC 416 (vide paragraph 35). That decision outlaws third degree methods in police stations, but it is well known that third degree methods are still widely used in many of our police stations, as this case reveals. Hence accused Sohan Singh cannot be absolved of the charge against him under Section 342 IPC.

.....

31. In our opinion, policemen who commit criminal acts deserve harsher punishment than other persons who commit such acts, because it is the duty of the policemen to protect the people, and not break the law themselves. If the protector becomes the predator civilized society will cease to exist. As the Bible says "If the salt has lost its flavour, wherewith shall it be salted? (Matthew 5, Mark 9.50 and Luke 14.34-35)", or as the ancient Romans used to say "Who will guard the praetorian guards?"

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