Custodial violence, including torture and death in the lock-ups, strikes a blow at the rule of law, demanding remedial and preventive measures. The court emphasized the need to protect the rights of detainees as enshrined in the Constitution, particularly under Article 21 and Article 22(1).

Siddharth Mridul, J (Oral):--

“Where the mind is without fear and the head is held high;

Where knowledge is free;

Where the world has not been broken up into fragments by narrow domestic walls;

Where words come out from the depth of truth;

Where tireless striving stretches its arms towards perfection;

Where the clear stream of reason has not lost its way into the dreary desert sand of dead habit;

Where the mind is led forward by thee into ever-widening thought and action

–

Into that heaven of freedom, my Father, let my country awake.”

- Rabindranath Tagore

1. There can be no higher or loftier philosophy, belief or faith than humanism.

2. President Pranab Mukherjee is stated to have expressed “apprehension whether tolerance and acceptance of dissent are on the wane?” The President of this country is stated to have recalled the teachings of Ramkrishna Paramhansa ‘Jato Mat Tato Path’ “as there are a number of beliefs, there are a number of ways”.

3. These are questions which have to be answered by the collective conscience of this nation.

4. The present petition prays as follows:-

(a) For a writ of mandamus or any other appropriate writ, order or direction to the respondent No. 1 to form a Special Investigation Team preferably comprising of officers from another State to investigate into the incident and prosecute the offending police persons;

(b) For a writ of mandamus or any other appropriate writ, order or direction to the respondent No. 2 to conduct a departmental enquiry into the incident and terminate the services of the police officers found guilty, and in the meantime suspend them;

(c) For a writ of mandamus or any other appropriate writ, order or direction to the respondents herein to pay compensation of Rs. 5 crores to petitioner No. 1 and her child;

(d) For any other order or direction that this Hon’ble Court may deem fit and appropriate in the interest of justice.

5. The present petition recounts a horrific tale of inhuman, reprehensible and condemnable conduct on behalf of the police entrusted with the task of protecting and upholding the rights of the citizens of Delhi.

6. On the fateful day at about 04.30 p.m. Shahnawaz Chaudhari and his wife and his wife Rabia @ Mamta (the petitioner No. 1) accompanied by their 3½ month baby were on their way to Karuna Hospital at Dilshad Garden, Delhi.

7. On the way they noticed a couple quarrelling with each other and police officers present trying to intervene.

8. According to Rabia @ Mamta, since the late Shahnawaz Chaudhari was acquainted with the lady concerned, he stopped and made enquiries as to what the trouble was. The policemen are alleged to have asked him to stay out of it. Shahnawaz Chaudhari, however, insisted that since it was an ordinary matrimonial disagreement between the quarrelling couple, it would be best to let them sort it out amongst themselves. The policemen are alleged to have taken umbrage at Shahnawaz Chaudhari’s persistent and purportedly uncalled for intervention as they perceived his actions to be an invasion by a busy body interloper into their domain and started roughing up Shahnawaz Chaudhari. When Shahnawaz Chaudhari objected to the treatment meted out to him, the policemen are stated to have not only rebuked and rebuffed them but also snatched the keys to the motorcycle on which the family was travelling. At this juncture, it is alleged that another vehicle belonging to the police drove up and all the policemen who had assembled there ganged up and repeatedly kicked, punched and beat up Shahnawaz Chaudhari. Despite the entreaties in this regard by Rabia @ Mamta, the police persisted with their assault on Shahnawaz Chaudhari and even assaulted him with dandas. The 3½ month old child was separated from Shahnawaz Chaudhari and Rabia @ Mamta and the latter were bundled into a police vehicle. The torture and brutality intensified in the police vehicle and three policemen climbed on to the chest of Shahnawaz Chaudhari and sat on him while the fourth