Police Force needs to be sensitize the constitutional and statutory rights of the detenue/accused: Supreme Court

Recently, the Supreme Court while awarding Rs. 5,00,000 as compensation to a truck driver illegally detained by the Patna Police observed that “Loss of liberty of a person of humble means is not at a lower pedestal compared to that of an affluent person with more resources”. The Court stated that the guidelines of arrest and detention laid down in DK Basu v. State of West Bengal (1997) and Arnesh Kumar v. State of Bihar (2014) were violated. The bench added that “The entire Police Force needs to be sensitized of the constitutional and statutory rights of the detenue/accused, also from the angle of human rights”

The Court highlighting the hardship of the truck drivers remarked that “Truck drivers are faced with a great deal of high stress and pressure as part of their job. The introduction of the additional hassle and trauma, perpetuated by the authorities, through the use of hostility and torture is akin to grave human injustice. Such practices are a clear violation of the human rights guaranteed to every citizen of the world.” and it further emphasised that there is an immediate need to address the human rights violations faced by them. 

The court held that the illegal detention of the truck driver was in violation of his right to personal liberty and right to fair investigation enshrined under Article 21 of the Constitution of India and observed that the purpose of public law is not only to civilize public power but also to assure the citizen that they live under a legal system which aims to protect their interests and preserve their rights.