We,
therefore,
immediately install
direct
the
State
Government
to and maintain closed circuit television
(CCTV) with rotating cameras in every corridor, room and
lock up of each Police Station so that every part of the Police
Station is covered 24 hours of the day and the tapes of the
CCTV shall be preserved for a minimum period of one year
and responsibility of ensuring that CCTV is kept operational
shall be on the Senior Police Officer in-charge of the Police
We further direct that the directions given by the Apex
Station.
Court in the case of D.K. Basu (supra) are followed to the hilt
and similarly amendments which have been brought into
force in 2006 and 2009 in respect of arrest, production of the
accused and remand are also scrupulously followed in letter
and spirit. The responsibility for safety, health and well being
of the arrestee
shall be that of the Arresting Officer,
Investigating Officer, Station House Officer and the Senior
Inspector of the Police Station. As and when it is found that
the person who is arrested and remanded to Police Custody
suffers any injury, he shall be immediately taken to the
nearest hospital where he should be given the best possible
medical attention that can save his life and restore him to
health. The Senior Inspector in-charge of the Police Station
shall promptly produce the accused within 24 hours after his
arrest and inform his relatives about his arrest and reason for
his arrest. If any injuries are found on the person who is in
police custody, photographs should be taken. In the event of
shall be video-graphed and
death in custody, postmortem
preserved. If such an arrested person is injured as a result of
police torture and produced before the Magistrate, the
learned Magistrate shall apply his mind and consider whether
he should be again
remanded to police custody.
The
Magistrate also should ensure that provisions of arrest and
production which are now incorporated in sections 41 to 50
are scrupulously followed.
In the event the person dies in
custody and injuries are found on his person, an FIR should
immediately be registered for the offences punishable under
the IPC and immediate steps should be taken to arrest the
perpetrators of the crime.
Magisterial inquiry should be
conducted under section 176 (1A) of the Cr.P.C. and efforts
should be taken to ensure that evidence is not destroyed.
Investigation in such cases shall be monitored by the
Magistrate.
In the case of prosecution of cases of custodial
deaths, court shall deal with such cases on high priority and
the State shall appoint a Special Public Prosecutor who shall
be assisted by a woman Public Prosecutor.
CRIMINAL APPELLATE JURISDICTION
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
WRIT PETITION NO. 2110
Leonard Xavier Valdaris & Others
V/s
Dr. Yug Mohit Chaudhry
V. M. KANADE &
P.D. KODE JJ.
DATE: CORAM: 13th August, 2014
Pursuant to the directions given by this Court on the last
occasion, CBI has taken over the investigation and have
submitted status report in a sealed envelope. We have gone
through the said report. We must express our appreciation
for the efforts taken by CBI in investigating the case and,
according to us, much progress has been made by CBI for
finding out truth as to what actually happened on that fateful
night.
The learned Senior Counsel appearing on behalf of CBI
2
has submitted that a direction may be given to the four
service providers viz. Aircell, Reliance Tele- communication.
MTNL and Dolfin so that they can cooperate with CBI and
ensure that further investigation is made in this case. We,
therefore, direct these four service providers to promptly
give all assistance to the Officers of CBI and provide
whatever
information
which
expeditiously as possible.
is
required
by
them
as
The learned Senior Counsel has
also shown us the statements
of some of the witnesses
which clearly throw light on the said incident which had
happened.
Efforts are
made to find out the video material
which was there on CCTV
installed at the Railway Station
and further efforts are also being made to retrieve the said
material and then to make analysis of the said material to
find out as to what actually happened on that night.
The
learned Senior Counsel also submits that it may take some
time to analyze the data and arrive
at a particular
conclusion.
Dr. Yug Chaudhry, the learned Counsel appearing on
behalf of the Petitioner
has given us statistical data in
respect of custodial deaths which take place in State of
Maharashtra and has submitted that, unfortunately, though
there were 333 custodial deaths over a period of 15 years
from 1999 to 2013 and 43 FIRs were filed and 19 charge-
sheets were filed, no police officer has been convicted so far
in these cases. He has also submitted a note pointing out
the directions which can be given by this Court to the State
to ensure firstly that custodial deaths do not take place and
the remedial measures which can be implemented to ensure
that cases of torture in custody and resultant custodial death
does not take place.
He has also submitted regarding the
manner in which investigation has to be made in cases of
custodial torture and or custodial death. He has relied upon
the judgment of the Supreme Court in
D.K. Basu's case
(1997) 1 SCC 416. He has also submitted that, in fact, as a
result of the directions given by the Supreme Court in D.K.
Basu
(supra),
in
the
year
2006
and
2009
several
amendments were made in the Code of Criminal Procedure
and these remedial measures
were incorporated in the
Criminal Procedure Code. It is submitted that, however, in
spite of the amendment being brought into force in 2009, in
large number of cases these safety measures which have
been introduced in the Cr.P.C. are not adhered to by the
general directions can also be given by this Court.
State and by the Police. He has also submitted that certain
He has
given statistical data regarding details of deaths which have
taken place in police custody of persons not remanded to
police custody by the courts and also regarding the deaths
in police custody of persons who are remanded to police
custody by the courts.
He has also given the statistics of
total deaths in police custody from 1999 to 2013.
He has
also invited our attention to the recommendation made by
the Law Commission of India in
its Report No.239 regarding
menace.
dealing with this
the steps which have to be taken for
He has submitted that in the said report
recommendations have been made to install CCTV Cameras
in all the rooms of all Police Stations and steps which have to
be taken for modernization of Police Stations and also
making use of Mobile Forensic Vans and filing of Charge-
sheets by CDs. It is submitted that in spite of the said report
being filed and tabled in the case of Virender Kumar Ohri vs.
Union of India & Others [WP (C) No.341 of 2004) in the
Supreme Court, none of the States has completely followed
the recommendations made by the said Law Commission.
Our attention is also invited to the judgment of the Gujarat
High Court given in PIL No. 200 of 2012
(Prakash Kapadia –
President of Jagega Gujarat Sangharsh – Petitioner
vs.
Commissioner of Police (Ahmedabad City) & 3 – Respondent)
in which directions have been given by the Gujarat High
Court in respect of custodial torture and death after going
through various provisions and judgments of the Apex Court
as well as Law Commission Report.
Our attention is also
invited to the order passed by Division Bench of this Court in
We are also informed that in European Countries also
4.
Criminal Writ Petition No.780 of 2013 dated 16/06/2014.
CCTV Cameras have been installed in almost all the rooms in
Police Stations and this has resulted in reduction of custodial
deaths and torture by almost 40%.
We propose to give some directions in this case to the
5.
State and to the Police Department and time to CBI to give
final report
to this Court after they have completed their
investigation. We find that statistical data which is mentioned
in the Note submitted by the learned Counsel for the
Petitioner and which is not controverted since these are
figures which are found from the National Crime Records
Bureau, indicates that number of custodial deaths in the
State of Maharashtra is alarmingly high and constitute
almost 23.48% of the total custodial deaths in the country
and comparatively there is no conviction of Police Officers
who are accused in such cases.
We,
therefore,
immediately install
direct
the
State
Government
to
6.
and maintain closed circuit television
(CCTV) with rotating cameras in every corridor, room and
lock up of each Police Station so that every part of the Police
Station is covered 24 hours of the day and the tapes of the
CCTV shall be preserved for a minimum period of one year
and responsibility of ensuring that CCTV is kept operational
shall be on the Senior Police Officer in-charge of the Police
We further direct that the directions given by the Apex
7.
Station.
Court in the case of D.K. Basu (supra) are followed to the hilt
and similarly amendments which have been brought into
force in 2006 and 2009 in respect of arrest, production of the
accused and remand are also scrupulously followed in letter
and spirit. The responsibility for safety, health and well being
of the arrestee
shall be that of the Arresting Officer,
Investigating Officer, Station House Officer and the Senior
Inspector of the Police Station. As and when it is found that
the person who is arrested and remanded to Police Custody
suffers any injury, he shall be immediately taken to the
nearest hospital where he should be given the best possible
medical attention that can save his life and restore him to
health. The Senior Inspector in-charge of the Police Station
shall promptly produce the accused within 24 hours after his
arrest and inform his relatives about his arrest and reason for
his arrest. If any injuries are found on the person who is in
police custody, photographs should be taken. In the event of
shall be video-graphed and
death in custody, postmortem
preserved. If such an arrested person is injured as a result of
police torture and produced before the Magistrate, the
learned Magistrate shall apply his mind and consider whether
he should be again
remanded to police custody.
The
Magistrate also should ensure that provisions of arrest and
production which are now incorporated in sections 41 to 50
are scrupulously followed.
In the event the person dies in
custody and injuries are found on his person, an FIR should
immediately be registered for the offences punishable under
the IPC and immediate steps should be taken to arrest the
perpetrators of the crime.
Magisterial inquiry should be
conducted under section 176 (1A) of the Cr.P.C. and efforts
should be taken to ensure that evidence is not destroyed.
Investigation in such cases shall be monitored by the
Magistrate.
In the case of prosecution of cases of custodial
deaths, court shall deal with such cases on high priority and
the State shall appoint a Special Public Prosecutor who shall
be assisted by a woman Public Prosecutor.
8.
We hope and trust that these directions which are given
are complied with by the State Government.
9.
We are informed that PIL has been filed in this Court for
the purpose of providing Video Conferencing Facility so that
those accused who are in judicial custody and who cannot be
produced before the court can be produced before the
Magistrate through Video Conferencing Facility. We are also
informed that the jails in which these Video Conferencing
Facility is made available are also communicated by this
Court to the State Government.
We hope and trust that
funds are made available by the State Government for
installation of Video Conferencing Facility in all the jails. As
of today locations of about 371 courts and corresponding
have
been
communicated.
We
hope
that
State
jails
Government takes immediate steps for installation of this
Video Conferencing Facility.
10. Stand over for four four weeks i.e. 10/09/2014
compliance of the directions given by this Court.
for
Status
report to be submitted by the CBI within eight weeks.
11. Copy of this order be made available to Director General
of Police. Copy of this order shall also be circulated to all
Police Stations, Sessions Court and other Courts and I.G.,
Prisons.
12. Parties to act on the authenticated copy of this order.
(P.D. KODE, J. )
(V.M. KANADE, J.)
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