Sheela Bharse vs State of Maharashtra || 1983 AIR 378 || custodial violence

Sheela Bharse vs State of Maharashtra

Citation:

1983 AIR 378, 1983 SCR (2) 337, AIR 1983 SUPREME COURT 378, 1983 (2) SCC 96, 1983 LAWYER 15 10, 1983 CRILR(SC MAH GUJ) 207, 1983 CRIAPPR(SC) 245, 1983 SCC(CRI) 353, 1983 BBCJ 73, 1983 (15) LAWYER 10, 1983 SC CRIR 245, (1983) 1 CRIMES 602, 1983 CHANDLR(CIV&CRI) 10

FACTS

Sheela Bharse, a journalist sent a letter about custodial violence against women prisoners in Bombay Central Jail where she interviewed fifteen women prisoners out of which five said that they had been assaulted. ISSUES Reforms are needed in the current system. JUDGEMENT

The Supreme Court directed:

1. that as soon as a person is arrested, the police must immediately obtain from him the name of any relative or friend whom he would like to be informed about his arrest

2. that the magistrate before whom an arrested person is produced shall enquire from the arrested person whether he has any complaint of torture or maltreatment in police custody and inform him that he has right to be medically examined.

3. preferably a lady Judge, if there is one, shall make surprise visits to police lock-ups in the city periodically with a view to providing the arrested persons an opportunity to air their grievances and ascertaining what are the conditions in the police lockups and whether the requisite facilities are being provided and the provisions of law

4. that whenever a person is arrested by the police and taken to the police lock up, the police will immediately give an intimation of the fact of such arrest to the nearest Legal Aid Committee and such Legal Aid Committee will take immediate steps far the purpose of providing legal assistance

5. that interrogation of females should be carried out only in the presence of female police officers/constables.

6. Whenever a person is arrested by the police without warrant, he must be immediately informed of the the grounds of his arrest and in case of every arrest it must immediately be made known to the arrested person that he is entitled to apply for bail.

7. that four or five police lock ups should be selected in reasonably good localities where only female suspects should be kept and they should be guarded by female constables. Female suspects should not be kept in police lock up in which male suspects are detained.