Justice Bhuyan Cites DK Basu Case, Says Arrest Can’t Curtail Fundamental Rights
Supreme Court Justice Ujjal Bhuyan has expressed deep concern over the violent and harsh measures taken by the police against students and protesters during the CJP agitation. Speaking at the book launch of retired IPS officer Yashovardhan Azad’s book ‘Policing the Republic’ in New Delhi, Justice Bhuyan said – when senior police officers themselves get involved in attacking protesters, it is extremely unfortunate.
He stated in clear terms that the impartiality expected from the police is currently missing. The time has come for the police administration to change its behaviour and practices. He termed custodial deaths and fake encounters as serious crimes.
He said that the policeman deployed on the street is a source of strength for the citizen. Citizens go to the police in times of trouble, so it is extremely important to keep public faith intact in the police administration. In a civilized society, death in police custody is a serious crime.
Referring to the 1997 ‘D K Basu vs West Bengal’ case, he said that even after arrest, the fundamental rights of a citizen cannot be curtailed. If government officials or police themselves take the law into their own hands, public faith in the governance system decreases and anarchy increases.
He mentioned that the National Police Commission formed in 1977 had recommended in 1981 itself to give professional independence to the police and independent investigation of complaints, which have still not been properly implemented. He also said that political and administrative pressure leads to misuse of the police, which weakens the rule of law in the country.
