Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

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123.

The Supreme Court laid down certain requirements to be followed in all cases of arrest or detention in :

A: Vishakha's case
B: D.K. Basu's case
C: Antulay's case
D: Kesavananda Bharti's case.

The answer is: B

Explanation

The correct option is B: D.K. Basu's case.

The Supreme Court of India has laid down specific requirements and procedures that the police and other agencies have to follow for the arrest, detention and interrogation of any person. These are known as the D.K. Basu Guidelines. Some of these guidelines include:

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

- The arrestee should be subjected to medical examination by a 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.

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

- 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.

These guidelines were issued by the Supreme Court in the case of D.K. Basu vs State of West Bengal in 1997, in response to a writ petition filed by D.K. Basu, the Executive Chairman of Legal Aid Services, a non-governmental organisation, highlighting the increasing incidence of custodial deaths and torture.

The Supreme Court observed that custodial violence and torture are violative of the right to life and personal liberty guaranteed by Article 21 of the Constitution of India, and laid down the above guidelines to protect the rights and dignity of the arrested persons.