Justice D K Basu, Petitioner of Famous DK Basu Judgment, Passes Away

Team SoOLEGAL 10 May 2021 3:13pm

Justice D K Basu, Petitioner of Famous DK Basu Judgment, Passes Away

Justice D.K. Basu, Former Judge of Calcutta High Court passed away at 3.20 A.M. on 10th of May, 2021 at Peerless Hospital in Kolkata.

Justice D.K. Basu was the petitioner in a landmark case named D.K. Basu v. The State of West Bengal, where the Supreme Court had set certain rules and guidelines that should mandatorily be followed while arresting a person.

Justice Basu had started his career as a practicing counsel in the High Court of Calcutta and the Supreme Court of India and later was appointed as a judge in Calcutta High Court. He worked as the Chairman at Legal Aid Services of West Bengal and had also founded the Association of Retired Justices of Supreme Court and High Courts of India. He had also worked as an International observer in Sri Lanka Trial Courts for Asian Human Rights Commission. Justice Basu had worked as a consultant for training programs for India’s lower judiciary.

In the year 1986, D.K. Basu had written an application to the Supreme Court seeking their attention regarding custodial deaths. He also stated to the Supreme Court to treat this particular letter as a PIL and the Supreme Court accepted the same and notices were issued to the respondents. All the respective state governments were notified with the same and the Supreme Court directed the Law Commission to submit their report and suggestions within two months. Most of the States submitted their suggestions in form of affidavit and Principal Counsel Dr AM Singh was appointed as Amicus Curiae.

Few of the guidelines that were set are-

The arrested person should be informed about his rights.

The arrested person should be checked up or examined by a doctor in every 48 hours.

The Magistrate should keep track and record of all the necessary documents.

The arrested person has full rights to meet his lawyer.

Officers who conduct interrogations and arrests should wear visible, accurate, and legible identification and name tags. A register should be kept with the information of the officers.

Officers conducting the arrest should prepare an arrest memo, which should be signed by a family member of the arrested person or a member of the community along with the signature of the arrested person.

Tagged: Justice D.K. Basu   Calcutta High Court   Supreme Court   West Bengal   Law Commission   Human Rights Commission  
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