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Gyanesh Rai And Another vs State Of U.P. And 9 Ors on 21 September, 2015

Apex Court in the case of Sube Singh vs. State of Haryana and others 2006 (3) SCC 178 has taken note of custodial violence to be torture and third degree methods used by police during interrogation and has discussed in detail the reasons behind such practice and has also given preventive measures as to how such violence can be tackled. Relevant extract of said judgement is as follows:
Allahabad High Court Cites 46 - Cited by 2 - V K Shukla - Full Document

WP(C)/4368/2014 on 25 March, 2022

108. Several factors may gauge on a constitutional court in determining the punitive damages such as contumacious conduct of the wrongdoer, the nature of the statute, gravity of the fault committed, the circumstances, etc. Punitive damages can be awarded when the wrongdoers' conduct "shocks the conscience" or is "outrageous" or there is a wilful and "wanton disregard" for safety requirements. Normally, there must be a direct connection between the wrongdoer's conduct and the victim's injury." 104.7 In Sube Singh Vs. State of Haryana, (2006) 3 SCC 178, the Hon'ble Supreme Court held that the quantum of compensation will depend on the facts and circumstances of each case and observed as follows.
Gauhati High Court Cites 58 - Cited by 0 - Full Document

Suresh Pochanna Kurollu vs The State Of Maharashtra And Ors on 3 September, 2021

In Sube Singh v. State of Haryana, the three- Judge Bench, after referring to the earlier decisions, has opined: (SCC pp.198-99, para 38) "38. It is thus now well settled that the award of compensation against the State is an appropriate and effective remedy for redress of an established infringement of a fundamental right under Article 21, by a public servant. The quantum of compensation will, however, depend upon the facts and circumstances of each case. Award of such compensation (by way of ::: Uploaded on - 04/09/2021 ::: Downloaded on - 05/09/2021 03:04:31 ::: CriWP358-2002.odt -36- public law remedy) will not come in the way of the aggrieved person claiming additional compensation in a civil court, in the enforcement of the private law remedy in tort, nor come in the way of the criminal court ordering compensation under Section 357 of the Code of Criminal Procedure."
Bombay High Court Cites 24 - Cited by 0 - V K Jadhav - Full Document

State Of Kerala vs M.Gopalan on 14 March, 2013

29. Though public law remedy by directing compensation to be paid to the victims/heirs of victims had W.A. No. 704 of 2013 -: 39 :- been exercised by the constitutional court in several cases, no judgment had been cited before us to indicate that any such relief had been granted in an instance where there had been delay in investigation. If such a view is taken, every case in which investigation cannot progress on account of various circumstances, may result in claim for compensation. We are mindful of the observation made by the Supreme Court in Sube Singh (supra) wherein it is held that "Difficulties in criminal investigation and the time required for such investigation should be recognised, and police should be allowed to function methodically without interferences or unnecessary pressures. If police are to perform better, the public should support them, Government should strengthen and equip them, and men in power should not interfere or belittle them. The three wings of the Government should encourage, insist and ensure thorough scientific investigation under proper legal procedures, followed by prompt and efficient prosecution."
Kerala High Court Cites 46 - Cited by 1 - A Shaffique - Full Document

Mr. Ritesh Kumar Mahto vs Mr. Rajiv Ranjan on 11 December, 2025

3 Judge decision in Sube Singh v. State of Haryana and others (2006) Page 64 of 66 W.P.(PIL) No. 7197 of 2025 3 SCC 178) wherein the Hon'ble Supreme Court held that it was by now well settled that the award of compensation against the State is an appropriate and effective remedy for redressal of an established infringement of a fundamental right under Article 21 by a public servant. The quantum of compensation would, however, depend upon the facts and circumstances of each case and such award by way of public law remedy will not come in the way of the aggrieved person claiming additional compensation in a civil court, in the enforcement of the private law remedy in tort, nor come in the way of the criminal court ordering compensation under section 357 of the Code of Criminal procedure. It was further held that the award of compensation as a public law remedy for violation of fundamental rights enshrined under Article 21 of the Constitution of India, in addition to private law remedy under the law of tort was evolved in the last two and half decades. It was also held that in case where there is custodial death or custodial torture or other violation of rights guaranteed under Article 21 is established, the Court may award compensation in a proceeding under Article 32 or 226 of the Constitution of India.
Jharkhand High Court Cites 75 - Cited by 0 - R Shankar - Full Document

Mohmed Juned Shamsuddin Saiyed And 4 ... vs K.C. Kapoor, Principal Secretary And 3 ... on 30 October, 2006

In the case of Sube Singh v. State of Haryana and Ors. , the Hon'ble Supreme Court was concerned with the question as to whether on the facts and circumstances of the case, compensation should be awarded to the petitioner and his family members as a public law remedy for the violation of his fundamental rights under Article 21 of the Constitution. While considering this question the Hon'ble Supreme Court in para-49 of its judgment has observed that custodial violence requires to be tackled from two ends, that is, by taking measures that are remedial and preventive. Award of compensation is one of the remedial measures after the event. Effort should be made to remove the very cause, which lead to custodial violence, so as to prevent such occurrences. Following steps, if taken, may prove to be effective preventive measures;
Gujarat High Court Cites 34 - Cited by 2 - K A Puj - Full Document
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