Mukesh Kumar Verma vs M/O Health And Family Welfare on 1 September, 2015
In Ram
Narayan Singh v. State of Delhi: AIR 1953 SC 277 the Hon'ble
Supreme Court in an unambiguous language laid down the law that
"those who called upon to deprive other persons of their personal
liberty in discharge of what they conceive to be their duty, must
strictly and scrupulously observe the forms and rules of law". The
Hon'ble Supreme Court did not impose any duty on the citizens to
assert and take necessary steps to enforce their fundamental rights if
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there was any threat to such rights. We are, therefore, of the
considered opinion, as a general rule, it is the duty of the State and its
functionaries and the society to take pains to ensure that the action
does not deprive any person or his or her fundamental right and to
protect such person's fundamental rights even without his asking. No
other view would be compatible with the doctrine of rule of law and
the supremacy of the fundamental rights conferred by Part III of the
Constitution."