ANNEXURE 'A'

PROGRESS REPORT IN REGARD TO COMPLIANCE WITH SUPREME COURT'S ORDER ON REQUIREMENTS TO BE FOLLOWED IN ALL CASES OF ARREST/DETENTION IN CRIMINAL MISC. PETITION NO. 4201 OF 1997 IN WRIT PETITION (CRL.) NO. 539 OF 1985 IN D.K. BASU Vs STATE OF WEST BENGAL & OTHERS

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S.No.                            REQUIREMENT                                                                                            COMPLIED        REMARKS

                                                                                                                                                               WITH OR

                                                                                                                                                               NOT (YES/NO)

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1.    (A)  INDICATOR OF ACCURATE/VISIBLE /CLEAR NAME TAGS

              OF POLICE OFFICERS WITH THEIR DESIGNATIONS.

              The police personnel carrying out the arrest and handling the interrogation

              of the arrestee should bear accurate, visible and clear identification and name

              tags with their designations.

        (B) PARTICULARS OF ALL SUCH POLICE PERSONNEL WHO

              INTERROGATE AN ARRESTEE MUST BE RECORDED IN

              A REGISTER.

              The particulars of all such police personnel who handle interrogation of the

              arrestee must be recorded in a register.

 2.          MEMO. OF ARREST TO BE SIGNED BY A WITNESS

              That the police officer carrying out the arrest of the arrestee shall prepare

              a memo of arrest at the time of arrest and such memo shall be attested by at

              least  one witness who may either be a member of the family of the arrestee

              or a respectable person of the locality from where the arrest is made. It shall

              also be countersigned by the arrestee and shall contain the time and date of

              arrest.

3.           INFORMATION TO FRIEND/RELATIVE OF ARRESTEE

               A person who has been arrested or detained and is being held in

               custody in a police station or interrogation centre or other lock-up,

               shall be entitled to have one friend or relative of other person known

               to him or having interest in his welfare being informed, as soon as

               practicable, that he has been arrested and is being detained at the

               particular place, unless the attesting witness of the memo of arrest

               is himself such a friend or a relative of the arrestee.

 

4.           INFORMATION TO FRIEND/RELATIVE OF ARRESTEE WHO

              LIVES OUTSIDE DELHI.

              The time, place of arrest and venue of custody of an arrestee must be

               notified by the police where the  next friend or relative of the arrestee

               lives outside the district or town through the Legal Aid Organisation

               in the District and the police station of the area concerned telegraphically

               within a period of 8 to 12 hours after the arrest.

 

 5.          OBLIGATION TO INFORM ARRESTEE ABOUT HIS RIGHT TO

              GIVE INFORMATION TO SOMEONE ABOUT HIS ARREST.

              The person arrested must be made aware of this right to have

              someone informed of his arrest or detention as soon as he is put under

              arrest or is detained.

 

6.          ENTRY IN DAILY DIARY ABOUT ARREST OF A PERSON,

             NAME OF FRIEND/RELATIVE INFORMED ABOUT HIS

             ARREST AND NAMES/DETAILS OF POLICE OFFICIALS

             ARRESTING HIM.

                        An entry must be made in the diary at the place of detention

            regarding the arrest of the person which shall also disclose the name

            of the next friend of the person who has been informed of the arrest

            and the names and particulars of the police officials in whose custody

            the arrestee is.    

 

7.        MEDICAL EXAMINATION OF ARRESTEE OR REQUEST/IN CASE

            OF INQUIRIES BEFORE ARREST.

             The arrestee should, where he so requests, be also examined at the time

            of his arrest and major and minor injuries, if any present on his/her body, must

            be recorded at that that time. The "Inspection Memo" must be signed both by

            the arrestee and the police officer effecting the arrest and its copy provided

            to the arrestee and the police officer effecting the arrest and its copy

            provided to the arrestee.

8.        MEDICAL RE-EXAMINATION OF ARRESTEE EVERY 48 HOURS.

            The arrestee should be subjected to medical examination by a trained doctor

            every 48 hours during his detention in custody by a doctor on the panel of

            approved doctors appointed by Director, Health Services of the State or

            Union Territory concerned. Director, Health Services should prepare such

            a panel for all tehsils and districts as well.

9.        INFORMATION OF ARREST TO ILLAQA MAGISTRATE

            Copies of all the documents including the memo. of arrest, referred to above

            should be sent to the Illaqa Magistrate for his record.

10.        RIGHT OF ARRESTEE TO MEET LAWYER.

            The arrestee may be permitted to meet his lawyer during interrogation, though

            not throughout the interrogation.

 

11.        DISPLAY OF INFORMATION AT POLICE CONTROL ROOM AT

            DISTRICT/STATE LEVEL ABOUT LIST OF ARRESTED PERSONS.

           A police control room should be provided at all district and State Headquarters, 

            where information regarding the arrest and the place of custody of the arrestee

            shall  be communicated by  the officer  causing the  arrest within 12 hours of

            effecting the arrest and at the police control room it should be displayed on a

            conspicuous notice board.

 

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