Special Commissioner (law and Order) Deepak Mishra has directed the Delhi Police to follow guidelines laid down by the Supreme Court meticulously while making arrests and detention.
It may be noted that the Double Bench of Justice Kuldeep Singh and AS anand had passed the landmark judgment on December 18,1996 in the case of DK Basu, Ashok K Johri vs State of West Bengal, State of Uttar Pradesh, had issued some guidelines to be followed by the police officers.
As per the guidelines, 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
Failure to comply with the said requirements shall apart from rendering the concerned official liable for departmental action, also render him liable to be punished for Contempt of Court and the proceedings for the contempt may be instituted in any High Court of the country, having territorial jurisdiction over the matter. The instructions were notified at every police station at a conspicuous place, the directive said.
“Despite the guidelines issued by Hon’ble SC of India in the case of DK Basu vs State of West Bengal as well as the comprehensive standing order 330/2008 issues, it has been observed that certain requirements to be followed in all cases of arrest or detention are not being followed by the investigating officers (IO) in letter and spirit,” said Mishra.
“It was required that IOs should communicate the cause of arrests and the same should be displayed on a conspicuous notice board at PCR is not being complied with,” he added.
Cautioning the Deputy Commissioner of Police (DCPs), Mishra said, “All the heads of the districts as well as SDPOs or SHOs shall ensure that the instructions contained in the standing order are followed by IOs meticulously.”