‘DISAPPOINTING’: SUPREME COURT CRITICISES UTTAR PRADESH FOR DELAY IN CREATING MEDICAL EXAMINATION SOP FOR RELEASED PERSONS:

The Supreme Court on December 8 directed the State of Uttar Pradesh to place on record a Standard Operating Procedure (SOP) concerning the medical examination of persons detained at police stations, to be mandatorily conducted at the time of their release. The bench comprising Justice K.V. Viswanathan and Justice S.V.N. Bhatti expressed dissatisfaction over the prolonged delay in finalising the SOP despite earlier assurances and clear directions of the court. The State has been given time until December 31 to produce the document before the court.

The proceedings arise out of a challenge filed by the State of Uttar Pradesh against an order issued by the Allahabad High Court. The High Court had directed the Director General of Police, Lucknow, to issue a circular mandating that every person who is called to a police station for inquiry and subsequently released must undergo a medical examination at the point of release. The objective behind this direction was to ensure accountability and to prevent instances of custodial violence.

In February 2024, the Supreme Court had affirmed the High Court’s ruling and observed that requiring medical examinations at the time of release would serve as an important safeguard against potential abuse or ill-treatment of persons detained at police stations. The State, however, requested that instead of issuing broad and immediate directions, a structured set of guidelines be framed. Taking note of this request, the Supreme Court, by an order dated February 19, 2024, directed the State to formulate an SOP within eight weeks.

When the matter was reviewed again in May 2024, the State informed the Court that the SOP was in the process of being finalised. Since then, the case saw multiple adjournments, and at one stage, the Union of India was made a party. In subsequent hearings, the State repeatedly sought time to frame the SOP. The Court recorded that in February 2025, an undertaking was given that the SOP would be filed within one week. However, no document has been produced before the Court to date.

Taking note of this inaction, the bench observed that the delay reflects a lack of seriousness on the part of the State despite the significance of the issue involved. The Court noted that the matter concerns the right and safety of individuals who are summoned to police stations and subsequently allowed to leave, and therefore requires immediate procedural safeguards. The bench pointed out that the only progress so far has been the formation of a committee, with no further tangible result.

The Court directed that the SOP, as previously undertaken by the State, must be submitted on or before December 31, 2025. The matter has been listed for further hearing on January 5, 2026. The Court further directed that if the SOP is not filed by that date, the Home Secretary of Uttar Pradesh will have to submit an affidavit explaining why the State failed to honour its earlier assurance and why the directions of the Court have not been complied with. With this direction, the bench underscored the urgency of enforcement of preventive measures against custodial violence, making clear that delays would no longer be entertained.