R.B.MISRA, T.NANDAKUMAR SINGH
Khundrakpam Ongbi Ibetombi Devi – Appellant
Versus
Commanding officer, 317 Field Regiment – Respondent
T.N.K. Singh, J.
1. The instances of dehumanizing torture, assault and death of citizens in the custody of the guardian of law are ever increasing. No doubt, it is true that the cry for justice is so loud that it deafens the car of the peace loving citizens of India that they could not live in a peaceful atmosphere and they are disturbed with the apprehension that they may be one of the victim of torture, assault and death in the custody of 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, 217 A (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 as race, colour, sex, language, religion, political or other o
Kharak Singh v. State of U.P. AIR 1963 SC 1295
State of Maharashtra v. Chandrabhan Tale AIR (1983) 3 SCC 387
Bandhua Mukti Morcha v. Union of India (1984) 3 SCC 161
Maneka Gandhi v. Union of India AIR 1978 SC 597
Munshi Singh Gautam (D) and Ors. v. State of M.P. AIR 2005 SC 402
Sant Bir v. State of Bihar (1982) 3 SCC 131
Miss Veena Sethi v. State of Bihar (1982) 2 SCC 583
Devaki Nanda Prasad v. State of Bihar AIR 1983 SC 1134
Rudul Sah v. State of Bihar AIR 1983 SC 1086
D.K. Basu v. State of West Bengal (1997) 1 SCC 416
M.C. Mehta v. Union of India AIR 1987 SC 1086
Naosam Ningol Chandam Ongbi Nungshitombi Devi v. Rishang Keishing
Nilabati Behera (Smt.) v. State of Orissa (1993) 2 SCC 746
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