HC asks DGP to form committee to stop custodial deaths in Maha

Setting a six-month deadline to put a stop to custodial deaths in Maharashtra, the Bombay High Court today asked the Director General of Police to form a committee of three top police officers to frame guidelines, and also said that interrogation at night should be avoided.
"We want results....Steps should be taken in the next six months to ensure there are zero per cent custodial deaths," said the HC, while noting that Maharashtra accounts for the highest number of such cases in the country.
The order was passed by a division bench of Justices V M Kanade and Shalini Phansalkar-Joshi on a bunch of petitions.

The judges were of the view that in petty crime cases if the arrested person is a first-time offender and the offence is punishable with less then ten years jail term, he should not be interrogated after 10 pm.
"Only in cases where interrogation is urgently required, they can be interrogated after 10 pm," the bench said.
Even in the case of habitual offenders, particularly in theft cases, night-time interrogation should be avoided as far as possible, the judges said.
In an important directive, the HC said the magistrate shall offer legal aid to the accused right at the first remand stage (after the arrest), and not only during the later trial stage (as is the practise now).

Custodial interrogation of an accused shall be monitored by a senior police officer from time to time so as to stop "excesses", if any, said the court.