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WP/2110/2014
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 2110 OF 2014
Leonard Xavier Valdaris
& Others .. Petitioners.
V/s
Officer-in-chare
Wadala !ail"a# Police $tation%
&'()ai & Others ... !es*ondents.
+r. ,' &ohit -ha'dhr# "ith &r. ./a# 0as't1ar for the
Petitioners.
&r. $.2. $hinde% P')lic Prosec'tor "ith &rs. &.&. +esh('1h%
.PP for the $tate.
&r% $h#a( &ehta% $enior -o'nsel "ith &r. $.!. $hinde for
!es*ondent 3os. 4 and 4.
CORAM: V. M. KANADE &
P.D. KODE JJ.

DATE: 1
!"
A#$#%!& 2014
P.C.:'
1. P'rs'ant to the directions iven )# this -o'rt on the last
occasion% -05 has ta1en over the investiation and have
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s')(itted stat's re*ort in a sealed envelo*e. We have one
thro'h the said re*ort. We ('st e6*ress o'r a**reciation
for the efforts ta1en )# -05 in investiatin the case and%
accordin to 's% ('ch *roress has )een (ade )# -05 for
findin o't tr'th as to "hat act'all# ha**ened on that fatef'l
niht.
2 7he learned $enior -o'nsel a**earin on )ehalf of -05
has s')(itted that a direction (a# )e iven to the fo'r
service *roviders vi8. .ircell% !eliance 7ele- co(('nication.
&73L and +olfin so that the# can coo*erate "ith -05 and
ens're that f'rther investiation is (ade in this case. We%
therefore% direct these fo'r service *roviders to *ro(*tl#
ive all assistance to the Officers of -05 and *rovide
"hatever infor(ation "hich is re9'ired )# the( as
e6*editio'sl# as *ossi)le. 7he learned $enior -o'nsel has
also sho"n 's the state(ents of so(e of the "itnesses
"hich clearl# thro" liht on the said incident "hich had
ha**ened. :fforts are (ade to find o't the video (aterial
"hich "as there on --7V installed at the !ail"a# $tation
and f'rther efforts are also )ein (ade to retrieve the said
(aterial and then to (a1e anal#sis of the said (aterial to
find o't as to "hat act'all# ha**ened on that niht. 7he
learned $enior -o'nsel also s')(its that it (a# ta1e so(e
ti(e to anal#8e the data and arrive at a *artic'lar
concl'sion.
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4 +r. ,' -ha'dhr#% the learned -o'nsel a**earin on
)ehalf of the Petitioner has iven 's statistical data in
res*ect of c'stodial deaths "hich ta1e *lace in $tate of
&aharashtra and has s')(itted that% 'nfort'natel#% tho'h
there "ere 444 c'stodial deaths over a *eriod of 1; #ears
fro( 1<<< to 2014 and 44 =5!s "ere filed and 1< chare-
sheets "ere filed% no *olice officer has )een convicted so far
in these cases. >e has also s')(itted a note *ointin o't
the directions "hich can )e iven )# this -o'rt to the $tate
to ens're firstl# that c'stodial deaths do not ta1e *lace and
the re(edial (eas'res "hich can )e i(*le(ented to ens're
that cases of tort're in c'stod# and res'ltant c'stodial death
does not ta1e *lace. >e has also s')(itted reardin the
(anner in "hich investiation has to )e (ade in cases of
c'stodial tort're and or c'stodial death. >e has relied '*on
the /'d(ent of the $'*re(e -o'rt in +.2. 0as'?s case
@1<<AB 1 $-- 41C. >e has also s')(itted that% in fact% as a
res'lt of the directions iven )# the $'*re(e -o'rt in +.2.
0as' @s'*raB% in the #ear 200C and 200< several
a(end(ents "ere (ade in the -ode of -ri(inal Proced're
and these re(edial (eas'res "ere incor*orated in the
-ri(inal Proced're -ode. 5t is s')(itted that% ho"ever% in
s*ite of the a(end(ent )ein )ro'ht into force in 200<% in
lare n'()er of cases these safet# (eas'res "hich have
)een introd'ced in the -r.P.-. are not adhered to )# the
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$tate and )# the Police. >e has also s')(itted that certain
eneral directions can also )e iven )# this -o'rt. >e has
iven statistical data reardin details of deaths "hich have
ta1en *lace in *olice c'stod# of *ersons not re(anded to
*olice c'stod# )# the co'rts and also reardin the deaths
in *olice c'stod# of *ersons "ho are re(anded to *olice
c'stod# )# the co'rts. >e has also iven the statistics of
total deaths in *olice c'stod# fro( 1<<< to 2014. >e has
also invited o'r attention to the reco((endation (ade )#
the La" -o((ission of 5ndia in its !e*ort 3o.24< reardin
the ste*s "hich have to )e ta1en for dealin "ith this
(enace. >e has s')(itted that in the said re*ort
reco((endations have )een (ade to install --7V -a(eras
in all the roo(s of all Police $tations and ste*s "hich have to
)e ta1en for (oderni8ation of Police $tations and also
(a1in 'se of &o)ile =orensic Vans and filin of -hare-
sheets )# -+s. 5t is s')(itted that in s*ite of the said re*ort
)ein filed and ta)led in the case of Virender 2'(ar Ohri vs.
Dnion of 5ndia & Others EWP @-B 3o.441 of 2004B in the
$'*re(e -o'rt% none of the $tates has co(*letel# follo"ed
the reco((endations (ade )# the said La" -o((ission.
O'r attention is also invited to the /'d(ent of the F'/arat
>ih -o'rt iven in P5L 3o. 200 of 2012 @Pra1ash 2a*adia G
President of Haea F'/arat $anharsh G Petitioner vs.
-o((issioner of Police @.h(eda)ad -it#B & 4 G !es*ondentB
in "hich directions have )een iven )# the F'/arat >ih
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-o'rt in res*ect of c'stodial tort're and death after oin
thro'h vario's *rovisions and /'d(ents of the .*e6 -o'rt
as "ell as La" -o((ission !e*ort. O'r attention is also
invited to the order *assed )# +ivision 0ench of this -o'rt in
-ri(inal Writ Petition 3o.A80 of 2014 dated 1C/0C/2014.
4. We are also infor(ed that in :'ro*ean -o'ntries also
--7V -a(eras have )een installed in al(ost all the roo(s in
Police $tations and this has res'lted in red'ction of c'stodial
deaths and tort're )# al(ost 40I.
;. We *ro*ose to ive so(e directions in this case to the
$tate and to the Police +e*art(ent and ti(e to -05 to ive
final re*ort to this -o'rt after the# have co(*leted their
investiation. We find that statistical data "hich is (entioned
in the 3ote s')(itted )# the learned -o'nsel for the
Petitioner and "hich is not controverted since these are
fi'res "hich are fo'nd fro( the 3ational -ri(e !ecords
0'rea'% indicates that n'()er of c'stodial deaths in the
$tate of &aharashtra is alar(inl# hih and constit'te
al(ost 24.48I of the total c'stodial deaths in the co'ntr#
and co(*arativel# there is no conviction of Police Officers
"ho are acc'sed in s'ch cases.
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C. We% therefore% direct the $tate Fovern(ent to
i((ediatel# install and (aintain closed circ'it television
@--7VB "ith rotatin ca(eras in ever# corridor% roo( and
loc1 '* of each Police $tation so that ever# *art of the Police
$tation is covered 24 ho'rs of the da# and the ta*es of the
--7V shall )e *reserved for a (ini('( *eriod of one #ear
and res*onsi)ilit# of ens'rin that --7V is 1e*t o*erational
shall )e on the $enior Police Officer in-chare of the Police
$tation.
A. We f'rther direct that the directions iven )# the .*e6
-o'rt in the case of +.2. 0as' @s'*raB are follo"ed to the hilt
and si(ilarl# a(end(ents "hich have )een )ro'ht into
force in 200C and 200< in res*ect of arrest% *rod'ction of the
acc'sed and re(and are also scr'*'lo'sl# follo"ed in letter
and s*irit. 7he res*onsi)ilit# for safet#% health and "ell )ein
of the arrestee shall )e that of the .rrestin Officer%
5nvestiatin Officer% $tation >o'se Officer and the $enior
5ns*ector of the Police $tation. .s and "hen it is fo'nd that
the *erson "ho is arrested and re(anded to Police -'stod#
s'ffers an# in/'r#% he shall )e i((ediatel# ta1en to the
nearest hos*ital "here he sho'ld )e iven the )est *ossi)le
(edical attention that can save his life and restore hi( to
health. 7he $enior 5ns*ector in-chare of the Police $tation
shall *ro(*tl# *rod'ce the acc'sed "ithin 24 ho'rs after his
arrest and infor( his relatives a)o't his arrest and reason for
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his arrest. 5f an# in/'ries are fo'nd on the *erson "ho is in
*olice c'stod#% *hotora*hs sho'ld )e ta1en. 5n the event of
death in c'stod#% *ost(orte( shall )e video-ra*hed and
*reserved. 5f s'ch an arrested *erson is in/'red as a res'lt of
*olice tort're and *rod'ced )efore the &aistrate% the
learned &aistrate shall a**l# his (ind and consider "hether
he sho'ld )e aain re(anded to *olice c'stod#. 7he
&aistrate also sho'ld ens're that *rovisions of arrest and
*rod'ction "hich are no" incor*orated in sections 41 to ;0
are scr'*'lo'sl# follo"ed. 5n the event the *erson dies in
c'stod# and in/'ries are fo'nd on his *erson% an =5! sho'ld
i((ediatel# )e reistered for the offences *'nisha)le 'nder
the 5P- and i((ediate ste*s sho'ld )e ta1en to arrest the
*er*etrators of the cri(e. &aisterial in9'ir# sho'ld )e
cond'cted 'nder section 1AC @1.B of the -r.P.-. and efforts
sho'ld )e ta1en to ens're that evidence is not destro#ed.
5nvestiation in s'ch cases shall )e (onitored )# the
&aistrate. 5n the case of *rosec'tion of cases of c'stodial
deaths% co'rt shall deal "ith s'ch cases on hih *riorit# and
the $tate shall a**oint a $*ecial P')lic Prosec'tor "ho shall
)e assisted )# a "o(an P')lic Prosec'tor.
8. We ho*e and tr'st that these directions "hich are iven
are co(*lied "ith )# the $tate Fovern(ent.
<. We are infor(ed that P5L has )een filed in this -o'rt for
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the *'r*ose of *rovidin Video -onferencin =acilit# so that
those acc'sed "ho are in /'dicial c'stod# and "ho cannot )e
*rod'ced )efore the co'rt can )e *rod'ced )efore the
&aistrate thro'h Video -onferencin =acilit#. We are also
infor(ed that the /ails in "hich these Video -onferencin
=acilit# is (ade availa)le are also co(('nicated )# this
-o'rt to the $tate Fovern(ent. We ho*e and tr'st that
f'nds are (ade availa)le )# the $tate Fovern(ent for
installation of Video -onferencin =acilit# in all the /ails. .s
of toda# locations of a)o't 4A1 co'rts and corres*ondin
/ails have )een co(('nicated. We ho*e that $tate
Fovern(ent ta1es i((ediate ste*s for installation of this
Video -onferencin =acilit#.
10. $tand over for fo'r fo'r "ee1s i.e. 10/0</2014 for
co(*liance of the directions iven )# this -o'rt. $tat's
re*ort to )e s')(itted )# the -05 "ithin eiht "ee1s.
11. -o*# of this order )e (ade availa)le to +irector Feneral
of Police. -o*# of this order shall also )e circ'lated to all
Police $tations% $essions -o'rt and other -o'rts and 5.F.%
Prisons.
12. Parties to act on the a'thenticated co*# of this order.
(P.D. KODE& J. ) (V.M. KANADE& J.)
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