After perusing various circulars and provisions of the Maharashtra government, the Bombay High Court recently observed that none of them deal with the issue of stripping of an arrested person detained in police lock-up and asked the government to inform what steps it will take to ensure that the dignity and privacy of such persons are protected.
The court passed the order while hearing a plea by the wife of a music teacher, who was arrested in July last year on bailable charges for allegedly showing an obscene video to one of his students and was illegally detained and allegedly harassed and stripped at Saat Rasta police lock-up. The HC, in September last year, had directed the state government to pay Rs 2 lakh compensation to him.
The court had then directed that after a full-fledged inquiry, the compensation be recovered from salary of person/s found responsible for illegal detention of the man.
The wife, in her plea, had claimed that her husband, who had visited the Tardeo police station with his lawyer, was arrested and made to stay in the lock-up for the entire night, despite the offences being bailable and he was asked to strip and made to sit in the lock-up with other criminals.
A division bench of Justice Revati Mohite-Dere and Justice Manjusha A Deshpande on January 23 was informed by Additional Public Prosecutor Prajakta P Shinde that the Director General of Police (DGP) had on January 18 issued a circular related to release of persons arrested in bailable offences, when they are ready to furnish bail.
APP Shinde, as per past HC directions, also tendered certain other circulars issued by the DGP from time to time, including an October 2007 circular about maintenance of lock-up register and January 2004 circular issued pursuant to deaths in police custody and strictures passed by the National Human Rights Commision to curtail the same. The said circular contained directions as to how arrested person is to be searched, his/her medical checkup, noting that such person is to be “treated humanely”.