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Leading Cases in Human Rights

Professor & Lawyer Puttu Guru Prasad


M.Com. M.B.A., L.L.B., M.Phil. PGDFTM.
AP.SET., ICFAI TMF., (PhD) at JNTUK.
Senior Faculty for Management Studies,
S&H Department, VVIT, Nambur,
93 94 96 98 98, 807 444 95 39,
http://puttuguru.blogspot.in

Torture & Custodial Death


State of Uttar Pradesh Vs. Ram Sagar Yadav & Ors.; (1985) 1
SCC 552

•   We would like to impress upon the Government the need to


amend the law appropriately so that policemen who commit
atrocities on persons who are in their custody are not allowed to
escape by reason of paucity or absence of evidence.

•   The Law as to the burden of proof in such cases may be re-


examined by the Legislature so that hand maids of law and
order do not use their authority
for and opportunities
oppressing the innocent citizens who lo
D.K. Basu Vs. State of West Bengal; (1997) 1 SCC 416

•   The precious right guaranteed by Article 21 cannot be denied to


convicts, undertrials, detenus and other prisoners in custody.

•   Using any form of torture for extracting any kind of information


would neither be “right nor just nor fair” and, therefore, would
be impermissible, being offensive to Article 21.

•   Need, therefore, is to develop scientific methods of investigation


and train the investigators properly to interrogate to meet the
challenge.

•   The law does not permit use of third-degree methods or torture


of accused in custody during interrogation and investigation
with a view to solve the crime.
Shakila Abdul Gafar Khan Vs. Vasant Raaghunath Dhoble;
(2003) 7 SCC 749

•   The Law Commission recommended


in its 113th Report
amendments to the Indian Evidence Act, 18
that …….., if there is evidence that the injury
the period when the person was in the police
may presume that the injury was caused by
having the custody of that person during that
Police Officer proves to the contrary.
•   The Courts are also required to have a
outlook, approach, appreciation and attit
cases involving custodial crimes and they sh
sensitivity and adopt a realistic rather than
approach.
Prakash Singh and Ors. Vs. Union of India and Ors; (2006) 8
SCC 1

•   There shall be a Police Complaints Authority at the district level


to look into complaints against police officers of and up to the
rank of Deputy Superintendent of Police.

•   Similarly, there should be another Police Complaints Authority


at the State level to look into complaints against officers of the
rank of Superintendent of Police and above.

•   The district-level Authority may be headed by a retired District


Judge while the state-level Authority may be headed by a retired
Judge of the High Court/Supreme Court.
•   The State-level Complaints Authority would take cognizance of only
allegations of serious misconduct by the police personnel, which would
include incidents involving death, grievous heart or rape in police
custody.

•   The district-level Complaints Authority would, apart from the above


cases, may also inquire into allegations of extortion, land/house
grabbing or any incident involving serious abuse of authority.

•   The recommendations of the Complaints Authority, both at the district


and State-levels, for any action, departmental or criminal, against a
delinquent police officer shall be binding on the authority concerned.

This direction was given in response to a huge number of complaints


against
the police, and the lack of accountability which has led to
serious misconduct by members of the police force. However, six years
after the Supreme Court’s directive only six states and four union
territories have functioning PCAs.
Extra Judicial Execution Victim Families Association & ANR Vs.
Union of India & Anr.; Writ Petition (CRL.) NO. 129 OF 2012

•   HRLN filed a petition for setting up a Special Investigation team


to investigate extra judicial killings of approx. 1600 victims in
the State of Manipur.

•   The Supreme Court appointed a Committee headed by Justice


(Retd.) Santosh Hegde to investigate into six cases.

•   Pursuant to enquiry the SC appointed Committee held that all


six cases were cases of fake encounters.
•   The Commission has also given its report on the role and
functioning of the State Police and Security Forces in Manipur.
The Commission has pointed out that this Court
in 'Naga
People's
India' Movement for Human Rights
(1998) 2 SCC 109, set out detailed guid
Security Forces should operate under th
Provisions) Act, 1958 (in shortthe'AFSPA'). Following
decision of this Court, the Armed For
circulars laying down the Do's and Don'ts for the Security
Forces.

issued
•   The National Human Rights Commission has also
detailed guidelines and the State Gove
circulars prescribing operational limits fo
the Security Forces. But, unfortunately, n
or Do's and Don'ts are followed in a
•   The Supreme Court has observed that one of the main issues
before this Court,
is how
therefore,
to ensure that the State
Police and the Security Forces adhere to the guid
down by this Court and the directions issued by
Headquarters, the National Human Rights Commis
the State Government.

•   The matter is now pending for further hearing.

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