CJI for ombudsman in each district

By Our Legal Correspondent

NEW DELHI, DEC. 10. The Chief Justice of India, Dr. A.S. Anand, today expressed anguish over alarming increase in incidence of torture, assault, injury and death in custody affecting the credibility of the rule of law and administration of criminal justice.

In his presidential address on ``custodial crimes - an affront to human dignity'' organised by the International Institute of Human Rights Society on the occasion of Human Rights Day, the CJI said, ``custodial torture which today is very widespread is a naked violation of human dignity which destroys to a very large extent, the individual personality.''

Dr. Justice Anand said custodial violence was a matter of concern as they struck a heavy blow at the rule of law. ``No other factor has been responsible for tarnishing the image of the police in this country as much as their alleged involvement in several incidents of brutality, particularly when the brutality has been directed against persons in their custody,'' he said. Transparency of action and accountability were two possible safeguards to prevent abuse of power. The guidelines and principles governing arrest laid down by the apex court in D.K. Basu's case should be strictly followed by all agencies, the CJI added.

Dr. Justice Anand said the Government should accept the Law Commission recommendations on laws governing arrest and bring about appropriate changes in them not only to curb custodial crimes but also to see that such crimes did not go unpunished.

As a safeguard to prevent them, the CJI suggested the appointment of an ombudsman in each district who could be approached by any person having a grievance against the police and who would promptly deal with the complaint. Citing the case of Ajoy Ghosh, a lunatic in custody for 38 years in West Bengal, he said, ``can there be a worst crime than this custodial crime?'' The State while awarding compensation in such cases should recover the same from the delinquent officers, he added.

The Chairman of Law Commission, Mr. Justice B.P. Jeevan Reddy, in his theme address, described several kinds of torture: removal of glasses, deprivation of life-saving medicines and sleep, isolation in cell, mock executions, torture of close relatives and friends in the presence of the convict, which he said would completely unhinge the man, subject him to nightmares and severe bouts of depression.

He said one way of curbing custodial violence was to make such activity punishable, whether in court or in a departmental action. On the Law Commission's suggestions on the law of arrest, Mr. Justice Reddy said, ``our recommendations, if implemented, would go a long way to curb and check unnecessary arrests and custodial crimes.

The Attorney-General, Mr. Soli Sorabjee, said though India had signed the U.N. covenant against torture, it had not ratified it.

Mr. Feodore Starcevic, director, United Nations Information Centre, read the U.N. Secretary-General, Mr. Kofi Annan's message urging the importance of human rights education.

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