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| DB dismisses PIL seeking implementation of SC guidelines in DK Basu case | | | Jammu, July 26 : In a PIL filed by an advocate for the implementation guidliness issued by Apex court in D K Basu case, a high court division bench of Justice Tashi Rabstan and Justice Bansi Lal Bhat observed that no specific instance has been incorporated in the petition to warrant action. The allegations are bald and not even a single instance of violation of guidelines laid down by the Apex Court in the aforesaid judgment has been quoted.
Reference has not been made to any specific case where police has affected arrest without registration of a case, or without preparing an arrest memo or caused arrest of a person in a non-cognizable offence without obtaining warrant of arrest from a magistrate. No instance has also been quoted where a relative or friend of an arrested person has not been informed of his arrest or the particulars of offence with which the accused was charged have not been conveyed to such relative or friend or the entry of arrest or detention has not been made in the daily-diary maintained by police stations or the inspection memo with regard to injuries found on the person of accused has not been prepared or the accused has not been subjected to medical examination or the copies FIR and memo of arrest have not been sent to the concerned magistrate or the accused has not been permitted to meet his lawyer during interrogation. In absence of specific instances regarding violation of the guidelines with regard to arrest and detention of accused, no action is warranted. The allegations made by petitioner are vague and in the nature of tirade against police and the magistracy, who have been targeted without any basis. It is apt to note that the Apex Court has laid down a mechanism for preventing breach of the guidelines laid down by it. It is provided that failure to comply with the guidelines shall render the delinquent police official liable to be punished for contempt of court.
This is apart from subjecting the erring police official to departmental action. The contempt proceedings may be instituted in any High Court having territorial jurisdiction in the matter. It is manifestly clear that cognizance with regard to violation of any guidelines laid down by the Apex Court in D K Basu's case can be taken by the High Court within whose territorial jurisdiction such breach occurs and the contempt proceedings with regard to such breach or violation shall lie at the instance of the victim/affected person. Admittedly, petitioner is not a victim/affected person in his personal capacity. The motive for filing the instant petition is questionable. Writ jurisdiction of this court cannot be invoked in the given circumstances. With these observations, the division bench observed that there is no merit in the petition and the same is dismissed.(JNF) |
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