ASHOK KUMAR AGGARWAL Vs. V K PANDEY

JUDGEMENT

(1.) It is common ground that the grievance which has been articulated in this Petition is the alleged non-compliance by the Respondents of the sterling and celebrated decision of the Apex Court which is reported as D.K. Basu v.Stete of Bengal, I (1997) CCR 81 (SC)=(1997) l SCC 416 :1997SCC(Crl.)92: AIR 1997 SC 610: 1997 Cr. L.J. 743. In the Judgment the following elements have been enunciated as essential prerequisites of arrest, and preventive measures to ensure that human rights and the dignity of every individual is safeguarded.

(2.) The Petitioner's complaint is that the 2nd, 7th and 9th elements have been flagrantly transgressed and have deliberately not been complied with by the Respondents.

(3.) In the Contempt Petition the Petitioner has averred as under: