The issue of implementation of the D K Basu guidelines will come up for hearing before the Supreme Court soon. Apart from requesting the Home Secretary to appoint Additional Solicitor General Gopal Subramanium to bring the Delhi Police’s concerns to the notice of the apex court, Dadwal’s letter also requests him to address them before initiating any move to bring in legislation aimed at incorporating the Basu guidelines into the Code of Criminal Procedure (CrPC).
“In fact, the legislation could take into consideration our problems and may be so drafted as to cover the lacuna/problems which are faced on the ground by the police while implementing the D K Basu judgement,” writes Dadwal. He also points out that whenever a militant is arrested, “many lawyers in the garb of human rights activists turn up with a battery of media personnel at the interrogation centre, claiming their unbridled right to meet the arrested militant.”
The police chief and the Home Secretary could not be contacted for their comments but the Home Ministry says the letter is “under consideration”.