My role is to immediately ensure the client's safety, file a habeas corpus or writ petition, collect medical and documentary evidence, and initiate legal action against the responsible officials while guiding the client through proper legal remedies.
If a client wants to take legal action against custodial violence or unlawful police detention, your role is to:
Advise the client on their legal rights and available remedies under the law, such as compensation or criminal prosecution of the responsible officers.
Gather evidence (medical reports, witness statements, CCTV footage, etc.) to support the claim of violence or unlawful detention.
File complaints or petitions with the appropriate authorities, such as the police complaints body, magistrate, or courts.
Ensure the client’s safety and dignity by advocating for their proper medical examination and protection from further harm.
Pursue legal action for compensation or to hold officials accountable, including filing writ petitions under Articles 32 or 226 of the Constitution if fundamental rights have been violated.
If a client approaches you regarding custodial violence or unlawful police detention, your primary role as a lawyer is to safeguard their constitutional and legal rights while guiding them through appropriate legal remedies. Begin by carefully listening to the client’s account, documenting all relevant facts, and collecting available evidence such as medical reports, photographs of injuries, and witness statements. Explain their legal rights under Articles 21 and 22 of the Constitution, as well as protections under the Code of Criminal Procedure and the D.K. Basu guidelines. Depending on the circumstances, you may file a writ petition (such as habeas corpus) before the High Court, lodge a criminal complaint against the police officials involved, or approach the National or State Human Rights Commission. Where necessary, seek urgent relief like medical examination, interim compensation, or bail. Throughout the process, ensure the client’s confidentiality and take steps to protect them from potential retaliation. Ultimately, your responsibility is to pursue justice, hold officials accountable, and ensure the client receives legal protection and redress in a timely and dignified manner.
Please login to submit an answer.