E/CN.4/1995/34
page 65
to 60 or 90 days, depending upon the offence. In Maharashtra, police making
arrests without warrants to prevent the commission of cognizable offences were
said to be able to detain persons for up to 30 days, and under the provisions
of the Terrorist and Disruptive Activities (Prevention) Act (TADA), remand for
up to 60 days was permitted. It was during these initial detention and remand
periods that persons were said to be vulnerable to torture.
343. The Government transmitted a reply to these general allegations
on 23 November 1994, stating that existing constitutional and legal provisions
provided an elaborate framework of safeguards. The NHRC has wide-ranging
powers, including those to require any person to furnish information in an
inquiry, to enter buildings and seize documents and to approach the Supreme
Court or High Court for direction. In addition, the Home Ministry and State
Governments had established Human Rights Cells (HRC), whose function was to
monitor custodial crimes.
344. The Government had also recently proposed amendments to the Code of
Criminal Procedure and introduced them in Parliament in May 1994. These
include: prohibition on the arrest of women after sunset or before sunrise
except in unavoidable circumstances; the requirement that an arresting police
officer give information of the arrest and place of detention to such persons
as may be nominated by the arrested person; the requirement that a copy of the
report of the medical examination be furnished to the arrested person or to
his or her nominee; the requirement of a judicial magisterial inquiry in cases
of death, disappearance or rape in custody and the requirement that a
post-mortem be carried out within 24 hours of custodial death.
345. The Government also notified the Special Rapporteur that on 1 June 1994
the Supreme Court had issued the following guidelines: an arrested person
held in custody is entitled to have a person known to him told, as far as is
practicable, of the arrest and place of detention; a police officer shall
inform the arrested person of this right when he is brought to the police
station; and an entry must be made in the police diary as to who was informed
of the arrest. The Government had also made efforts in the induction and
"on-service" training programmes to sensitize police officers to the use of
scientific investigation methods; instructions for ensuring treatment of
persons in custody in accordance with due process of law were re-emphasized;
and interrogation rooms were being relocated to make them visible and closer
to the reporting rooms to minimize the scope for violations.
346. As to allegations regarding the police procedures in Bombay, the practice
of unrecorded or illegal detention had always been discouraged by senior
police officers. Supervisory officials have been issued instructions to pay
surprise visits to police stations, check the lock-up and consult the arrest
register to ensure that there were no illegal detentions. Such visits are
also made to ascertain whether persons in the lock-up are being treated
humanely and whether procedures with respect to them have been followed in a
proper and timely fashion. As to access by lawyers, the Bombay Police Manual
provides that interviews can be refused only when a lawyer insists on visits
"at any time that suits him", if the police have reason to believe that the
lawyer has abused his right of access or when there is reason to believe that
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents