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2006 Supreme(Gau) 706

B.S.REDDY, T.NANDAKUMAR SINGH
Osman Ali – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: B. Ahmed, N. Hogue, S. Rahman and H. Borbhuya, Advs.
For Respondents/Defendant: B. Goyal, Adv.

JUDGMENT

T.N.K. Singh, J.

1. The dehumanizing torture, assault and death in the custody which have assumed alarming proportion raise serious question about the credibility to the Rule of Law and administration of criminal systems. No doubt it is true that the cry for justice is so loud that it deafens ear of the peace loving citizens of India that they cannot live in a peaceful atmosphere and they are disturbed with the apprehension that they may be one of the victims of torture and assault in the custody of the law protector in uniform.

2. The Constitution of India is adorned with Articles 20, 21 and 22 which are almost in consonance with the rights contained in the Universal Declaration of Human Rights, 1948 adopted and proclaimed by General Assembly 217A(iii) of 10th December, 1948. Articles 1, 2, 3, 4 and 5 of the Universal Declaration of Human Rights, 1948, read as follows:

Article 1: All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2: Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such





























































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