'Callous disregard for SC norms'

By Our Special Correspondent

CHENNAI, JUNE 30. The arrest of the former Chief Minister Mr. M. Karunanidhi, at dead of night has turned the focus of the public attention on the `11 commandments set forth by the Supreme Court in the case of `D.K Basu vs. the State of Rajasthan in 1997.

Many lawyers and rights activists wonder whether the norms fixed by the highest court setting forth the procedure a detaining/arresting authority should follow before arresting or detaining a person, was followed at all today.

Besides any law or Supreme Court direction, lawyers and activists note that as per Article 22 (1) of the Constitution, when a person is arrested, he or she has the right to be informed of the grounds of arrest.

In D. K. Basu's case, the court set out the procedure for arrest which ``should be followed in all cases of arrest'': (1) The person carrying out the arrest and handling the interrogation of the arrestee should wear accurate, visible and clear identification and name tags of their designation; the particulars of all other personnel who handle the interrogation must be recorded in a report. (2) The arresting officer should prepare a memo of arrest at the time of the arrest, which should be attested by a family member or respected person from the locality. It should be countersigned by the arrestee and should contain the time and date of arrest.

(3) A person detained or interrogated in a police station or any other centre is entitled to have a friend or relative, being informed as soon as practicable the person's arrest and of his being detained at a particular place; (4) The time and place of arrest or venue of custody must be notified by the police to a relative or friend, if he lives outside the town, through the legal aid organisation in the district and the police station of the area concerned telegraphically within 12 hours of the arrest.

(5) The arrestee must be made aware of his right that someone be informed of his detention immediately after the arrest or detention; (6) An entry must be made in the diary at the place of the detention on the arrest of the person. It should also contain the name of the friend/relative who is informed of the arrest, and the names and particulars of the police officials in whose custody the arrestee is.

(7) If the arrestee wishes, any injuries on his/her body must be recorded during arrest. The inspection memo must be signed by both the arrestee and the officer effecting the arrest and a copy provided to the arrestee; (8) the arrestee should be examined by doctors every 48 hours during detention; (9) The copies of all documents including the memo of arrest should be sent to the magistrate; (10) the arrestee may be permitted to meet his lawyer during interrogation, though not throughout. (11) A police control room should be provided in all districts and State headquarters to provide information on the arrestee and the place of his/her custody, within 12 hours of the arrest. The information should be displayed on conspicuous notice boards.

The People's Union of Civil Liberties for TN and Pondicherry, in a release, said ``officials have shown a callous disregard'' for the norms. The violation of the court's orders in D.K. Basu's case ``will clearly amount to committing contempt''. ``The total politicisation of the police machinery and bureaucracy .... willing to give the go-by to the rule of law to serve political ends is a matter of great anguish,'' it added.

The All-India Lawyers Union and the Lawyers Against Corruption said while every citizen condemned corruption, one could not support the violation of human rights and violence by the police. Denouncing the ``high-handed action'' in arresting the 78-year- old former Chief Minister, they wanted the Government and the police to respect the rule of Law, human dignity and civilised behaviour.

Send this article to Friends by E-Mail

Section  : Southern States
Previous : Police behaviour deplorable, say Moopanar,
           Ramadoss
Next     : Commissioner's order adds to dirty channel war