Justice DK Basu, Former Calcutta High Court Judge And The Petitioner In The Landmark DK Basu Case, Passes Away

Former Calcutta High Court Judge Justice DK Basu passed away at 3.20 am at Peerless Hospital today.

He was one of the Petitioners in the landmark Judgment in DK Basu v. State of West Bengal (AIR 1997 SC 610)  where the Supreme Court laid down specific guidelines required to be followed while making arrests.

Justice Basu  started his legal profession as an Advocate in the Calcutta High Court and also in the Supreme Court. He was elevated to the bench as Judge of Calcutta High.  He was the Chairman of Legal Aid Services West Bengal (LASWEB). He is also Chairman of the National Committee for Legal Aid Services - India. He is the founder of Association of Retired Justices of Supreme Court and High Courts of India. Justice Basu is the Founder President of Association of Retired Justices - West Bengal. In February, 2006 - he participated in the consultation on the Asian Charter on Rule of Law in Hongkongorganised by Asian Human Rights Commission. In April, 2006 - He acted as an International Observer in Trial Courts of Srilanka for the Asian Human Rights Commission based at The Candy High Court, Srilanka. Justice Basu is the Consultant in Training Program for the Lower Judiciary in India under sponsorship of Amnesty International India. [Source: https://www.skail.org/governing-body/pre-law-faculty.php ]

DK Basu Judgment 

DK Basu, Executive Chairman of Legal Aid Services, West Bengal, a non-political organization on 26/08/1986 addressed a letter to the Supreme Court of India calling his attention to certain news published in the Telegraph Newspaper about deaths in police custody and custody. He requested that the letter be treated as a Writ Petition within the "Public Interest Litigation". Considering the importance of the issues raised in the letter, it was treated as a written Petition and the Defendants were notified. While the writ petition was being considered, Mr. Ashok Kumar Johri addressed a letter to the Chief Justice of the Supreme Court calling his attention to the death of a Mahesh Bihari from Pilkhana, Aligarh in police custody. The same letter was also treated as a Request for Writing and was included along with D.K.Basu's Request for Writing. On 14/08/1987 the Court issued the Order issuing notices to all state governments and a notice was also issued to the Law Commission requesting appropriate suggestions within a two month period. In response to the notification, several states submitted affidavits, including West Bengal, Orissa, Assam, Himachal Pradesh, Haryana, Tamil Nadu, Meghalaya, Maharashtra, and Manipur. Additionally, Dr. A.M.Singh vi, Principal Counsel was appointed Amicus Curiae to assist the Court. All of the attorneys who appeared provided useful assistance to the Court. [Quoted from the DK Basu Judgment ]

Guidelines Issued by the Supreme Court in DK Basu Case

1. The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations. The particulars of all such police personnel who handle interrogation of the arrestee must be recorded in a register

2. That the police officer carrying out the arrest shall prepare a memo of arrest at the time of arrest and such memo shall be attested by at least one witness, who may be either a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be counter signed by the arrestee and shall contain the time and date of arrest.

3. A person who has been arrested or detained and is being held in custody in a police station or interrogation centre or other lock up, shall be entitled to have one friend or relative or other person known to him or having interest in his welfare being informed, as soon as practicable, that he has been arrested and is being detained at the particular place, unless the attesting witness of the memo of arrest is himself such a friend or a relative of the arrestee.

4. The time, place of arrest and venue of custody of an arrestee must be notified by the police where the next friend or relative of the arrestee lives outside the district or town through the Legal Aid Organisation in the District and the police station of the area concerned telegraphically within a period of 8 to 12 hours after the arrest.

5. The person arrested must be made aware of his right to have someone informed of his arrest or detention as soon as he is put under arrest or is detained.

6. An entry must be made in the diary at the place of detention regarding the arrest of the person which shall also disclose the name of the next friend of the person who has been informed of the arrest and the names land particulars of the police officials in whose custody the arrestee is.

7. The arrestee should, where he so requests, be also examined at the time of his arrest and major and minor injuries, if any present on his/her body, must be recorded at that time. The 'Inspection Memo' must be signed both by the arrestee and the police officer effecting the arrest and its copy provided to the arrestee.

8. The arrestee should be subjected to medical examination by the trained doctor every 48 hours during his detention in custody by a doctor on the panel of approved doctors appointed by Director, Health Services of the concerned State or Union Territory, Director, Health Services should prepare such a panel for all Tehsils and Districts as well.

9. Copies of all the documents including the memo of arrest, referred to above, should be sent to the Magistrate for his record.

10. The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation.

11. A police control room should be provided at all district and State headquarters where information regarding the arrest and the place of custody of the arrestee shall be communicated by the officer causing the arrest, within 12 hours of effecting the arrest and at the police control room it should be displayed on a conspicuous notice board.