In a recent verdict, the Supreme Court sternly criticized the conduct of investigative agencies and police for disregarding constitutional and statutory safeguards during arrests and custody procedures. 

The case brought to light a distressing incident involving a Maharashtra police officer who subjected an accused individual to physical and verbal abuse, including a humiliating public display.

The accused, after being taken into custody, was subjected to degrading treatment, such as being handcuffed and paraded half-naked with a garland of footwear around his neck. Such actions not only violated the rights of the accused but also undermined the integrity of the justice system.

In echoing the principles established in the DK Basu case, the Supreme Court reiterated the importance of adhering to guidelines concerning the treatment of detainees. Justice Ahsanuddin Amanullah, in authoring the judgment, emphasized the necessity for police forces across all states and union territories to scrupulously observe these safeguards and guidelines when making arrests or holding individuals in custody.

The appellant, aggrieved by the refusal of the Bombay High Court to initiate disciplinary and criminal proceedings against the police officer in question, sought redress from the highest judicial authority in the country. 

The Court condemned the egregious conduct of the police officer, emphasizing the abuse of power and the violation of the appellant's rights.

Despite the severity of the misconduct, the Court took note of the fact that the offending officer had retired from service. Additionally, the officer had made a payment of Rs. 1,00,000/- (Rupees One Lakh only) to the appellant, which was accepted. Consequently, the Court deemed it appropriate to bring closure to the matter.

Nevertheless, the Court underscored the need for a zero-tolerance approach towards such abuses of power. It emphasized that actions perpetrated by individuals in positions of authority against vulnerable citizens must be treated with utmost seriousness by the judiciary. Such acts not only tarnish the reputation of the justice system but also erode public trust and confidence.

Case: SOMNATH VERSUS THE STATE OF MAHARASHTRA & ORS, 

CRIMINAL APPEAL NO.  OF 2024 ( @ SPECIAL LEAVE PETITION (CRL.) NO.2600 OF 2019).

Click to read/download Judgment.