Dr.

RAM MANOHAR LOHIYA NATIONAL

LAW UNIVERSITY

(SESSION 2017-2018)

SUBJECT: BASICS OF CASE LAW

D.K.Basu Vs State of West Bengal

Under the supervision of: Submitted

by:

Mr. Abdullah Nasir Santosh Mishra

Assistant Professor (Law) Roll No.: 120

Basics of Case Law 1st semester

 ACKNOWLEDGEMENT

I have taken efforts in this project. However, it would not have been
possible without the kind support and help of many individuals. I
would like to extend my sincere thanks to all of them.

I am highly indebted to Mr. Abdullah Nasir for his guidance and

constant supervision as well as for providing necessary information
regarding the project & for his support in completing the project.

I would like to express my gratitude towards my parents and members

of Madhu Limaye Library for their kind co-operation and
encouragement, which helped me in completion of this project.

My thanks and appreciations go to my colleague in developing the

project and people who have willingly helped me out with their
abilities.

I welcome any criticism and suggestions by the people who go

through it, for the improvement of my future projects.

Santosh Mishra
CONTENTS

Citation………………………………………………....................1

Facts……………………………………………………………....2

Issues involved………………………….………………………...3

Judgements......................................................................................3

Guidelines........................................................................................4

Rules................................................................................................4

Additional Comments......................................................................4

Bibliography..................................................................................10
Citation

Name of the case: D. K. Basu

V.

State of West Bengal

(Famously resulted in Guidelines of all arrests

and detentions)

Case decided on: 18th December, 1996

Parties to the case: Appellants: D. K. Basu

VS.

Respondent: State of West Bengal

Bench of Judges: Kuldip Singh, A. S. Anand, JJ.

FACTS OF THE CASE -

The Executive Chairman of Legal Aid Services,West Bengal (a mom-

Political Organization), Mr. D. K. Basu on 26.08.1986 addressed a
letter to the Chief Justice of India drawing his attention to certain
news items published in the telegraph newspaper regarding deaths in
police lock-ups and custody. He requested that the letter be treated as
writ petition within the “Public Interest Litigation” Category.
Considering the importance of the issues raised in the letter, it was
treated as Writ Petition and notice was served to the Respondents.

While the Writ Petition was under consideration, one

Mr. Ashok K. Johri addressed a letter to the Chief Justice drawing his
attention to the death of one Mahesh Bihari of Pilkhana, Aligarh in
police custody. The same letter was also treated as Writ Petition and
was listed along with the Writ Petition of D. K. Basu.

On 14.08.1987, the Court made the Order issuing

notices to all State Governments and notice was also issued to the
Law Commission of India requesting suitable suggestions within
period of two months. In response to the notice, affidavits were filed
by several States including West Bengal, Odisha, Assam, Himachal
Pradesh, Haryana, Tamil Nadu, Meghalaya, Maharashtra and
Manipur. Further, Dr. A. M. Singvi, Senior Advocate was appointed
as Amicus Curiae to assist the Court. All the advocates appearing
rendered useful assistance to the Court.

ISSUES INVOLVED –

1. Are the Police arbitrary in arresting a person?

2. Are there any prescribed guidelines while making a arrest?

ISSUES ANSWERED:

1. Policemen are not to act arbitrarily while arresting a person. There

are some guidelines that even a policeman has to follow.

2.Yes, the Court had laid down a number of guidelines while arresting
a person.
STATES WHICH MOVED COURT OVER THIS
ISSUE –

The states along with a union territory were –

1. West Bengal
2. Himachal Pradesh
3. Odisha
4. Assam
5. Haryana
6. Meghalaya
7. Tamil Nadu
8. Maharashtra
9. Manipur
All the mentioned States issued an affidavit stating that the state will
accept whatever judgment will be rendered by the Supreme Court of
India.
JUDGEMENT –

The court in this case said that, the locks up deaths are to be reduced.
It will directly take a toll on the belief of public in law and order. the
Supreme Court directed all the High Courts to check on the details
and punishment that are being imposed on prisoners in the jails. They
were asked to give the detailed list of all the persons who were
arrested and who ever were in lock ups.

GUIDELINES PRESCRIBED BY THE COURT-

1. The arrested person has the right to meet his lawyer.

2. He has the right to medical examination for every 48hours.
3. The arresting person has to inform the relatives regarding
his arrest.
4. He has to be produced before the magistrate within 24
hours.
5. The arresting officer shall prepare the memo and has to be
attested by at least one witness.
6. An entry must be made regarding his arrest in the diary.
7. A police control room should be set up in all the districts
and in all the state headquarters and the information regarding
the persons arrest has to be communicated to all the Districts.
 8. All the documents including the memo of the arrest has to
be sent to the magistrate.
9. The arresting officer shall have the clear identification of
his name, designation.
10. The time, place, arrest, and the place of custody have to be
notified to the interested person or the friend or the relative.
11. The person arrested has to be made aware of his right to
have someone notified on his behalf.

Those are some of the set guidelines that are to be followed by every
arresting person during an arrest.

RULE OF LAW-

Article 21—Right to life, 22,–Right to liberty

Section 176 of Criminal Procedure Code—the inquiry to be done by

the magistrate into cause of death.

ADDITIONAL COMMENTS-

The judgment seeks to preserve the society and is a reflection of the

Supreme Court’s power of judicial activism to serve the public
interest. It is the foundation of policy statements of the Union
government which have been formulated after careful consideration to
enforce the parameters for the exercise of its jurisdiction are confined
to the familiar terrain of enforcing the constitutional right to lead a
life of dignity and self-worth. The judgment and the directions
contained therein have had a positive effect in reducing the police
brutality and ensuring better regulation of arrest procedure.

Bibliography

AIR

SCCOnline

Manupatra

LexisNexis