Solution

D.K. Basu v. State of West Bengal is a landmark judgment given by the Apex court in the case of an increasing number of custodial deaths in India. The executive chairman of legal aid services wrote a letter against the increasing number of cases of custodial deaths and this letter was treated as a writ petition by the court by taking into consideration the gravity of the issue. The court observed that custodial death is a matter of concern and it is more aggravated as it is committed by the protector of the citizens. Thus, it was held by the court that this act is against Art. 21 and 22 of the Constitution of India. It is in clear transgression of the victim’s fundamental rights and human dignity. It was also observed by the court that the use of third-degree methods by police is illegal and should not be used to extract the information from the accused and held that majesty of the law must prevail. Court also observed that recommendations suggested by the law commission report must be adopted by the government to curb these offenses against humanity.