AVADH KAUSHIK Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed by the petitioner, an advocate by profession, seeking a writ of mandamus to direct the respondents to implement the directions of the Hon'ble Supreme Court passed in the case of Sheela Barse vs. State of Maharashtra, 1983 2 SCC 96 and to set up separate police lock-ups in reasonably good localities in Delhi where only female suspects should be kept and who should be guarded by female police personnel only. A writ of mandamus is also sought to direct respondent No.5, namely, the Delhi High Court to appoint and nominate one Additional Sessions Judge preferably a lady judge to make periodical, surprise and random visits to lock-ups especially at nights to see the condition of the female suspects. Other reliefs are also sought.

(2.) In the writ petition it is averred that to prevent sexual abuse, harassment and torture of women in police lock-ups, the Supreme Court in the case of Sheela Barse vs. State of Maharashtra considered all the facts and laid down various guidelines regarding the manner and the procedure for arresting a woman particularly in the night. Amongst the directions and guidelines given, were that 4 to 5 lock-ups should be selected in reasonably good localities where only female suspects should be kept and should be guarded by female constables. Interrogation of female suspects should be carried out only in the presence of female police officials/constables. Various other such directions were also given. It is averred that though the said directions were given in connection with the State of Maharashtra, various other High Courts have reiterated the same. The same have also been incorporated in the guidelines issued by the National Human Rights Commission regarding arrest and detention of woman. However, no details in this regard are given.

(3.) It is further averred that despite the said clear directions of the Supreme Court and despite there being clear provisions in the Cr.P.C., the Delhi Police is still not complying with the same and the Delhi Police continues to be not bound by any law. To support and buttress the said contention, reliance is placed on certain facts connected to two separate criminal cases i.e. FIR No. 191/2013 dated 05.07.2013 and FIR No. 265/2013 dated 14.09.2013 that were registered in the police station at South Rohini, Delhi against female accused persons for committing separate offences. It is stated that the common facet of both the cases was that the female accused were arrested in the night without permission of the concerned magistrate. They were arrested by male police personnel and were not produced before the concerned magistrate's court immediately but were produced on the next date. In both the cases, the female accused have made allegations that they were sexually abused, harassed and humiliated at the hands of the male police personnel in police lock-ups in the respective nights. However, background details of only one case are given in the petition.