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Notice on custodial deaths

Legal Correspondent

NEW DELHI: The Supreme Court on Monday issued notice to all the States and Union Territories seeking their response with regard to custodial deaths during 2006 and 2007 and the action taken to prevent such violence.

A bench, consisting of Chief Justice K.G. Balakrishnan, Justice P.Sathasivam and Justice J. M. Panchal, sought the response within eight weeks, after senior counsel and amicus curiae (friend of court) Abhishek Manu Singhvi, submitted that the earlier directions issued by the Supreme Court in the D.K. Basu case to prevent custodial violence were not being followed by the States and these guidelines remained only on paper.

In an application, Mr. Singhvi said that according to the National Human Research Bureau, 78 custodial deaths were reported in the country during 2005 and magisterial inquiries were ordered only in 15 of the cases while in one incident a judicial inquiry was ordered. Though 48 cases were registered against erring policemen officials, not a single policeman was chargesheeted or convicted for custodial deaths. He said though the apex court had directed surprise inspections to be conducted, no such inspection was carried out by the State Human Rights Commissions(SHRC) or the High Court appointed committee.

The application said that in view of the continuous malaise of custodial deaths, torture and rape, it would be in the interest of justice that the court should directed the SHRCs or the committees concerned to furnish reports pertaining to custodial deaths during 2006 and 2007 and the action taken on such incidents.

It wanted a response from the States/agencies with regard to the steps to be taken for protection of rights of the accused during interrogation.

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