Unless the magistrate embarks on a meaningful interaction with the accused, their family and the remand lawyers, they are unable to ensure the actual protection of the accused’s rights, the report opines.
When it came to medico legal certificates (MLCs) of accused, in some instances, the magistrate did not probe the origin of injuries – inflicted by the police or otherwise – in order to ensure the accused’s well-being.
“Accused are produced from police custody by police officers from the same police station investigating their case. There is no separation between the police and the accused at this stage in order to create an environment that is conducive to the accused to raise their concerns about possible police violence, that even the most sympathetic magistrate cannot overcome,” the report further highlights.
Source: Barandbench
