P & H HC Directs Haryana DGP To Implement Police Guidelines in DK Basu Case During Farmers Protests Against...
Punjab & Haryana High Court Directs Haryana DGP to Implement Police Guidelines from DK Basu Case During Farmers’ Protests
1. Background
The farmers’ protests in India, particularly in Haryana and Punjab, have been marked by large-scale demonstrations.
Ensuring law and order while respecting fundamental rights such as freedom of speech, peaceful assembly, and movement became a crucial challenge for police forces.
In this context, the Punjab & Haryana High Court directed the Haryana Director General of Police (DGP) to strictly follow the police guidelines laid down by the Supreme Court in the DK Basu case to prevent custodial violence and abuse during handling of protests.
2. What Are the DK Basu Guidelines?
The case of D.K. Basu v. State of West Bengal, (1997) 1 SCC 416 is a landmark Supreme Court judgment that laid down detailed procedural safeguards to be followed by police officers during arrest and detention to prevent custodial torture and deaths.
Key Guidelines Include:
Police must prepare a memo of arrest duly attested by at least one witness.
The arrested person should be informed of the grounds of arrest and right to consult a lawyer.
Police officers must inform a relative or friend of the arrested person.
Arrested individuals must be produced before a magistrate within 24 hours.
Police must maintain detailed records of the arrest and detention.
Medical examination of the arrested person should be conducted at the time of arrest and during detention.
Any violation of these guidelines attracts strict legal consequences.
3. Why the High Court’s Direction During Farmers’ Protests?
Large gatherings and protests pose high risks of confrontation and potential misuse of power.
The court sought to ensure that police actions remain within constitutional limits.
To prevent custodial violence, unlawful detention, or abuse of protesters.
To safeguard the fundamental rights guaranteed under Articles 19 and 21 of the Constitution.
4. Case Law and Judicial Precedents
a. D.K. Basu v. State of West Bengal, (1997) 1 SCC 416
The Supreme Court issued binding guidelines for police conduct to protect arrested persons from custodial violence.
Emphasized that Article 21 (Right to Life and Personal Liberty) applies even during arrest and detention.
b. NCT of Delhi v. Union of India, (2000) 6 SCC 264
Reinforced the implementation of custodial safeguards and procedural fairness in police actions.
c. Joginder Kumar v. State of UP, (1994) 4 SCC 260
Supreme Court laid down the principle that arrest should be a last resort, and police must follow proper procedures before arresting anyone.
d. Zakhia El-Fassi v. Union of India, (2016) 3 SCC 138
The Court emphasized police accountability and adherence to procedural safeguards in law enforcement actions.
e. Recent Orders of Punjab & Haryana HC
The High Court, in context of farmers’ protests, reiterated the need for strict adherence to DK Basu guidelines.
Directed Haryana DGP to sensitize police personnel and strictly implement these safeguards.
Emphasized monitoring mechanisms to ensure compliance during protests.
5. Summary Table
| Aspect | Explanation |
|---|---|
| DK Basu Guidelines | Police safeguards during arrest and detention |
| Purpose | Prevent custodial torture, unlawful detention |
| Context | Farmers’ protests involving mass arrests and detentions |
| Court Direction | Haryana DGP to ensure strict compliance |
| Constitutional Basis | Articles 19 (Freedom of Assembly) & 21 (Life & Liberty) |
| Consequences | Legal accountability for violations of guidelines |
6. Importance of This Direction
Ensures peaceful protests while maintaining law and order.
Protects human rights and dignity of protesters.
Reinforces the principle of rule of law and accountability.
Builds public trust in police during sensitive situations.
Acts as a check against arbitrary or excessive use of force.
7. Conclusion
The Punjab & Haryana High Court’s directive to the Haryana DGP to implement the DK Basu police guidelines during the farmers’ protests reflects the judiciary’s commitment to uphold constitutional rights even in challenging law and order situations. It serves as a reminder that police powers must be exercised responsibly, transparently, and within the bounds of law, ensuring protection against custodial abuse and arbitrary detention.
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