SC raps U.P. govt for FAILING to form SOP on med tests in CUSTODY
New Delhi, Dec. 9 -- The Supreme Court on Monday pulled up the Uttar Pradesh government for its failure to formulate a standard operating procedure (SOP) on mandatory medical examination of persons detained at police stations before their release, directing the state to place one on record by December 31.
Expressing displeasure over the continued delay, a bench of justices KV Viswanathan and SVN Bhatti termed it "disappointing" that Uttar Pradesh has still not complied despite repeated assurances over the past year. The direction came while hearing the state's challenge to an Allahabad high court order requiring the director general of police (DGP) to issue instructions mandating medical examinations of all persons called for inquiry at the time they exit police custody -- a measure aimed at preventing custodial violence.
The Supreme Court had upheld the high court's order in February 2024 but, on the state's request, allowed it to frame detailed guidelines instead of implementing omnibus directions. "We find that the direction was issued in order to put up a check on custodial violence on the persons brought to the police station...We permit the respondent-state to prepare the standard operating procedure for this purpose and place the same before this court," the order recorded on that day, while giving the state eight weeks to finalise the SOP.
However, even after multiple extensions, adjournments and undertakings, the government failed to produce the document.
Taking serious note of what it described as a casual approach, the bench observed: "It is disappointing to note that the standard operating procedure, as undertaken by the state, has not been filed....
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