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2006 Supreme(Gau) 553

R.B.MISRA, T.NANDAKUMAR SINGH
Khundrakpam Ongbi Ibetombi Devi – Appellant
Versus
Commanding officer, 317 Field Regiment – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: M. Rakesh, Adv.
For Respondents/Defendant: N. Ibotombi Singh and Th. Ibohal, Advs.

JUDGMENT

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






























































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