Answer the following questions: (6 Marks)
(a) ‘Sub Inspector (S.I.) Krishna Kumar arrested a young boy on theft charges’. Analyse the images
given below and mention any three specific requirements and procedures that Police had to
follow at the time of arrest, detention and interrogation. (3)
(b) You are a lawyer. Mention all the essential points of a Fair trial that you will explain to your
client. (3)
Answers
Police ExcessesTorture
Year 1993-1994
Atrocity in Police custody:- alleged amputation of male organ of Shri Jugtaram in police custody in Barmer, Rajasthan
On the basis of a press report that appeared in a newspaper dated 10 February 1994 and captioned "cops cut off man's penis", the Commission took cognizance of the incident suo motu and called for a report from the Government of Rajasthan. The State Government sent a preliminary report stating that one A.S.I. and one constable had been arrested in connection with the incident. Simultaneously, they along with one sub-Inspector and two other constables had been placed under suspension. It was further indicated that investigation of the matter had been taken over by CBI on 19 February 1994 and that, for better medical care, the victim had been sent to SMS Hospital, Jaipur where he was undergoing medical treatment in a plastic surgery ward.
On perusing the report, the Commission on 15 March 1994 directed CBI to complete the investigation within 3 months and submit its report to the Commission soon thereafter. The Commission also directed CBI to keep it informed of the progress of the matter from time to time.
The investigation has since been completed and a charge sheet has been submitted.
Beating of Shri Luies, Advocate by Sub Inspector of Police-Complaint by Shri M. Udaya Bhanu, Advocate, Madras
Shri M. Udaya Bhanu, Advocate, Madras had represented to the Commission that on 20 January 1994, an advocate, Shri Luies was mercilessly beaten by Sub-Inspector of Police, Shri Devanesan. According to Shri Udaya Bhanu, Shri Luies had intervened when the Sub-Inspector was physically assaulting some beggars. The Sub-Inspector got violent and started beating Shri Luies. Shri Luies was admitted to hospital. Next morning, Inspector Shri Ranganathan forcibly took away Shri Luies to an unknown place.
On 21 January 1994, members of the Bar passed a resolution condemning the act of the Sub-Inspector and filed a petition before the Court for search of Shri Luies and his production before the Court.
The Commission has called for a report from the Chief Secretary, Government of Tamil Nadu. The Chief Secretary has informed the Commission that a Magisterial Inquiry into the incident has been ordered and that the Sub Inspector, Shri Devanesan has been placed under suspension. The matter remains under the consideration of the Commission.