in 1968, Rudul Sah was acquitted of a murder charge by a criminal court in Muzaffarpur, Bihar yet he languished in jail for fourteen years after that. In 1982, he filed a habeas corpus in the Supreme Court seeking his release from unlawful custody. He was finally released after he filed a writ but before the date of the Supreme Court hearing. In this case, the apex court observed that there was the bridge of fundamental right of petitioner of Article 21-Right to life and liberty and awarded compensation to Sah. BHIM SINGH VS STATE OF JAMMU AND KASHMIR (1985) In this case, Bhim Singh, a member of the legislative Assembly of Jammu and Kashmir, was unlawfully arrested to prevent him from attending the assembly session. His wife filed a petition before Supreme Court seeking his release. Though Bhim Singh was released before the hearing, the court observed that in such cases of illegal detention, the illegality could not be ‘washed away or wished away’ merely by freeing the person and ordered the state to pay Bhim Singh monetary compensation of 50,000 rupees. JOGINDER KUMAR VS STATE OF U.P [(1994) 4 SCC 260] In this case the Apex Court ruled that an arrested person being held in custody is entitled, if he so requests, to have one friend, relative or other persons interested in his welfare, told that he has been arrested and where he is being detained. The police officer shall inform the arrested person when he is brought to the police station of this right. An entry shall be requested to be made in the diary as to who was informed of the arrest. The magistrate is obliged to satisfy himself that these requirements have been complied with. K BASU VS STATE OF WEST BENGAL [AIR 1997 SC 610] This case is the landmark in which steps were taken to prevent “Custodial torture”. This matter was brought before the court by Dr. D.K Basu, Executive Chairman of the Legal Aid Services, and an NGO of West Bengal through a PIL. He addressed a letter to the Chief justice drawing his attention to certain news items published in the newspapers regarding deaths in the police lock – ups and custody. This letter was treated as the writ petition by the Supreme Court. In this case, the Supreme Court took a serious note of custodial violence and death in police lock-up. To check the abuse of police power, transparency of public action and accountability are two possible safeguards. OF HARYANA VS DINESH KUMAR [(2008) 3 SCC 222] In this case, the issue was what constituted the arrest and custody in relation to criminal proceedings. In other words, whether the manner in which respondent had appointed appeared before the magistrate and was released without being taken into formal custody that could amount the arrest. The respondent without surrendering to the police had appeared before the magistrate with his lawyer and was immediately granted bail. The high Court held that since the accused had neither surrendered nor had been taken into custody, could not be said that he had actually been arrested. The Supreme Court disagreed with the High Court. It held that even in such circumstances, the appearance of the accused before the magistrate amounts to arrest. It held that a person can be in custody not merely when the police arrest him, produces him before a magistrate and gets a remand to judicial or other custody. He can be stated to be in judicial custody when he surrenders before the Court and submits to its directions. ARNESH KUMAR VS STATE OF BIHAR [(2014) 8 SCC 273] In this case, the apex Court emphasized the need for caution in exercising the drastic power of arrest by the police and also by the Magistrate while authorizing detention of the accused. It would be prudent and wise for a police officer that no arrest is made without a reasonable satisfaction reached after some investigation as to the genuineness of the allegation. In short, the police officers should not arrest the accused unnecessarily and magistrate does not authorize detention casually and mechanically.