2002 (8) TMI 122 - HC - Customs

Summary

Issues Involved:
1. Legality of the search and seizure operations conducted by the Directorate of Revenue Intelligence (DRI).
2. Allegations of torture and inhuman treatment during interrogation.
3. Right to have an observer present during interrogation.
4. Maintainability of writ petitions based on apprehensions and allegations.
5. Application of Article 21 of the Constitution of India in the context of interrogation.
6. Judicial scrutiny of the interrogation process under the Protection of Human Rights Act.

Detailed Analysis:

1. Legality of the Search and Seizure Operations:
The first writ petition was filed by a Director of M/s. CEE AN INTERNATIONAL PRIVATE LIMITED, alleging that DRI officers conducted searches at his office and residence on 12th February 2002, finding nothing and issuing 'Nil' search lists. The petitioner was summoned to appear before the DRI in connection with M/s. Chessman Impex Private Limited. The petitioner contended that he had no involvement with the company in question.

2. Allegations of Torture and Inhuman Treatment:
The other writ petitions were filed by individuals, including a transporter, a company director, and a customs clearing agent, alleging severe physical assault and torture by DRI officers during interrogation. They claimed the officers used third-degree methods to extract false statements and signatures on blank forms. The court noted that the allegations of torture and inhuman treatment were serious and could not be ignored.

3. Right to Have an Observer Present During Interrogation:
Initially, the court allowed the presence of an observer (other than a lawyer) during interrogation, which the respondents sought to vacate. The court referenced the Supreme Court judgment in AIR 1992 SC 1795 (Poolpandi v. Superintendent, Central Excise), which stated that individuals called for questioning under the Customs Act are not accused and thus not entitled to have a lawyer present. However, the court distinguished this case, noting that the treatment of the petitioners went beyond mere discomfort and amounted to torture.

4. Maintainability of Writ Petitions Based on Apprehensions and Allegations:
The respondents argued that the writ petitions were based on apprehensions and allegations, which the court should not entertain. They contended that the petitions lacked a solid foundation and were vague in their prayers. The court, however, found that the allegations of torture and the manner of interrogation warranted judicial scrutiny.

5. Application of Article 21 of the Constitution of India:
The court emphasized that Article 21, which protects the right to life and personal liberty, was applicable in this case. The court noted that the protection of human rights had evolved, and the authorities' actions must be scrutinized to ensure they did not violate constitutional rights. The court highlighted that the interrogation methods used by the DRI officers were inconsistent with human dignity and violated Article 21.

6. Judicial Scrutiny of the Interrogation Process Under the Protection of Human Rights Act:
The court referenced the Protection of Human Rights Act, which aligns with international covenants on civil and political rights. The court held that the interrogation process should be consistent with human dignity and not involve torture or inhuman treatment. The court directed that the writ petitions be referred to the Human Rights Commission for further investigation and decision in accordance with the Act.

Conclusion:
The court confirmed the interim order allowing an observer during interrogation and directed that the writ petitions be referred to the Human Rights Commission for investigation. The court emphasized the need for the interrogation process to respect human dignity and constitutional rights, particularly under Article 21. The court's decision underscored the importance of protecting individuals from torture and inhuman treatment during investigations.