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SC pulls up UP govt for failing to form SOP on medical examinations in police custody
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
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.
The issue of medical documentation at the time of release has been seen as vital to reducing custodial violence, recording injuries, ensuring accountability and protecting detainees’ constitutional rights.
However, even after multiple extensions, adjournments and undertakings, the government failed to produce the document. When the matter came up again in May 2024, the state claimed the SOP was in the final stages. In February this year, it assured the court that the SOP would be filed within a week. Yet, the bench on Monday noted, nothing has been done except the constitution of a committee.
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. The matter pertains to conducting medical examination of persons called to the police station at the time of their exiting the police station…As noticed in the order of February 19, 2024, the directions were issued in order to have a check on custodial violence of persons brought to the police station.”
Recounting the missed deadlines, the bench added that despite the undertaking given on February 25 that the SOP would be filed within a week, “nothing has been done except forming a committee.”
The court has now directed the state to file the SOP on or before December 31 and listed the matter for January 5, 2026. It further ordered that if the SOP is still not filed by that date, the state home secretary must submit an affidavit explaining why the commitment made to the court has not been honoured.
