[Music Teacher Stripped In Lock-Up] What Steps Will Be Taken To Ensure Dignity & Privacy Of Such Persons Is Protected? Bombay HC Asks State

In the case where a music teacher was illegally detained and stripped in custody, the Bombay High Court observed that prima facie none of the circulars submitted by the state dealt with a situation where a person detained in the police lock-up was stripped of their clothing.

A division bench comprising Justices Revati Mohite Dere and Manjusha Deshpande granted the prosecutor time to state what steps would be taken to ensure the privacy and dignity of such a person would be protected.

“We have perused the circulars and the provisions, and prima facie feel that, none of these provisions deal with the issue raised by us i.e. stripping of an arrested person, whilst being detained in police lock-up,” the court noted.

On September 29, the HC disposed of a habeas corpus plea wherein a music teacher was detained by the police in a bailable offence and stripped in custody. The petition was filed by the teacher's wife.

The plea was disposed of with certain directions to pay compensation to the petitioner's husband and to recover the said compensation after a full-fledged inquiry, from the salary of the person/persons found responsible for the illegal detention of the petitioner's husband.

The court had observed that the man was arrested for a bailable offence of sexual harassment despite the fact that he was ready to furnish bail.

On the last date, the APP submitted that the Director General's Office would be issuing a circular in accordance with the court's order.

However, on January 23, when the matter was taken up for compliance, the APP tendered a copy of the circular issued by the Director General's Office, dated 18th January 2024, concerning the release of persons arrested in bailable offences, when they are ready to furnish bail.

The bench noted it had asked the APP to place on record the steps the police intend to take, regarding the petitioner being stripped in the lock-up.

The APP tendered certain circulars issued by the Director General's Office from time to time, in particular, the circulars dated 26th October 2007 and 22nd January 2004.

“As far as circular dated 26th October 2007 is concerned, it pertains to maintenance of lock-up Register. The said circular appears to have been issued pursuant to what was observed by this Court in Writ Petition No. 704 of 2007 (Shri Sajjad Nizam Siddiquie V/s. State of Maharashtra)," the Court said.

In perusing another circular from 2004, the court noted that it was issued pursuant to custodial deaths following the disapproval expressed by the National Human Rights Commission of India.

“Accordingly, certain guidelines with respect to persons in custody has been set out in the said circular, so as to ensure that no death takes place in police custody. Several directions have been issued in the said circular, including how the person arrested is to be searched, his medical checkup etc," it said.

The bench found that one of the directions in the circular is, that the arrested person, is to be treated humanely.

The APP also cited provisions from the Police Manual and provisions 197 & 204 of the Police Act, with respect to the treatment of prisoners in police lock-ups.

Accordingly, the court adjourned the matter to February 20, 2024, to enable the APP to take further instructions.

Case No. - WRIT PETITION NO. 2436 OF 2023