that the arrest and imprisonment with mischievous or malicious intent is against the rights of the prisoner subjected to such arrest and imprisonment ... damage done by its officers to the fundamental rights of the citizen, notwithstanding the right of the citizen to the remedy
against the alleged contemners, if found to have committed contempt. The question is of general importance as it involves both the question of fundamental rights ... handcuffing which is held to be violation of human rights of underirials and convicts as part of fundamental right of liberty under Article
Here is a prisoner-the petitioner-who
protests against his being handcuffed routinely,
publicly, vulgarly and unjustifiably in the trips
to and fro between ... custody. We must investigate the deeper
issues of detainee's rights against custodial
cruelty and infliction of indignity. within the
human rights parameters
police station and was kept there in custody
in the night handcuffed by the police without there being any
valid reason and his photographs ... contended that the prosecution knew from the beginning
that the cases registered against him were false and it
purposefully caused delay in conclusion
escape,
had been subjected to humiliation by being handcuffed, such
act of the escort party is against all norms of decency and
is in utter ... emphasis to state that when an
accused is in custody, his Fundamental Rights are not
abrogated in toto. His dignity cannot be allowed
notwithstanding the order of acquittal. Action was also directed to be taken against the officials who did not register the FIR.
(i) Compensation ... departmental enquiries are pending against the police officials who are alleged to have committed violation of a person's rights under Article
notwithstanding the order of acquittal. Action was also
directed to be taken against the officials who did not register the
FIR.
(i) Compensation ... departmental
enquiries are pending against the police officials who are alleged to
have committed violation of a person's rights under Article
pleased to direct that action
may be taken against erring officers for violating
fundamental and human rights of the petitioner
contrary to the directions issued ... some civil proceeding is initiated against Mr.
Kiritkumar Shantilal Shah by the mother of the petitioner to
seek protection against eviction from the rented premises
further
the petitioners be not handcuffed and paraded in violation of their
human rights. The petitioners have also prayed for the direction to
the respondent ... limb and
their personal safety against police custody, custodial violence,
apprehended encounter and violation of human rights. Mr. Nanavati
has, therefore, submitted that the petitioners
Saiyed Ibrahim President vs State Of Gujarat Thro.The Secretary on 8 May, 2018
Author
