SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1980 Supreme(SC) 102

V.R.KRISHNA IYER, A.C.GUPTA, R.S.PATHAK
Mantoo Majumdar – Appellant
Versus
State Of Bihar – Respondent


Advocates:
Udaipratap Singh, V.N.GANPULE

JUDGMENT

KRISHNA IYER, J.:—No constitution nor Code nor Court can interdict illegal incarceration where conscientized agencies of the law at the grass-roots level are absent. Such is the only explanation for the lawless lot of the two prisoners who are petitioners before us. These two humans sojourning for long years in some jail or other in Bihar since 1972 found their personal liberty subverted by the police, prison officials and the magistracy that they wrote letters to the Honble Chief Justice in reparation. The above habeas corpus petition is a legal incarnation of those letters. Sensitized by the prima facie hideous facts disclosed the court directed a rule to issue. Somehow, despite several adjournments the State did not even furnish the basic facts about the imprisonment of the petitioners, the offences for which they were kept in judicial custody, for how long and at what stage were the proceedings and the like. This gross indifference of the Bihar State in regard to citizens deprived of their liberty for indefinite and prolonged spells is an unconscionable aspect of that States unconcern for human rights. Indeed, counsel for the State did his level best to get relevant in





















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top