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BIBEK CHAUDHURI
Dinesh Kumar Singh – Appellant
Versus
State of Bihar – Respondent
Bibek Chaudhuri, J. – “The Courts must not lose sight of the fact that death in police custody is perhaps one of the worst kind of crimes in a civilised society, governed by the rule of law and poses a serious threat to an orderly civilised society. Torture in custody flouts the basic rights of the citizens recognised by the Indian Constitution and is an affront to human dignity. Police excesses and the maltreatment of detainees/undertrial prisoners or suspects tarnishes the image of any civilised nation and encourages the men in ‘Khaki’ to consider themselves to be above the law and sometimes even to become law unto themselves.”, observes the Hon’ble Supreme Court in State of M.P. vs. Shyamsunder Trivedi & Ors. reported in (1995) 4 SCC 262.
2. The instant writ petition has been filed by one Dinesh Kumar Singh, father of one Yogesh Kumar Singh @ Techchu Singh alleging custodial violence perpetrated upon his son, above-named for the following reliefs: –
“(a) To direct the respondents authorities to take action against the respondent Nos. 6 to 8 who have illegally arrested the son of the petitioner namely Yogesh Kumar Singh @ Tachu and beaten badly by lathi, Kicked and punched and gav
Court established that mere allegations of custodial torture are insufficient; claims must be substantiated by evidence of violation of fundamental rights to warrant compensation.
The judgment establishes the need for stringent action against custodial torture and the failure to curtail such incidents, emphasizing the findings of the learned Judicial Magistrate and the governm....
The State has a constitutional obligation to ensure the safety of individuals in police custody; custodial deaths demand scrutiny and compensatory measures for rights violations.
The main legal point established in the judgment is the principle of strict liability for the negligence of the police in cases of custodial deaths, emphasizing the fundamental rights of prisoners an....
The court emphasized the necessity for independent investigations into custodial deaths and affirmed the intrinsic protection of the right to life under Article 21, mandating scrutiny in cases of sus....
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