Arrested Tibetan girls- Molestation in view of visit of Chinese Premier.
A newspaper report appeared in regarding the molestation of Tibetan girls in view of the visit of Chinese Premier. Union of India is directed to file counter. [George Fernandes vs. Union of India. 1993 Supp (1) SCC 418 P.B.Sawant & S.Mohan (J) ]
Custodial violence infringes Article 21 of the Constitution - Steps to be taken while arresting and detention. - Directions given to all Police to follow certain procedure to protect custodial death.
Custodial death is perhaps one of the most crimes in a civilised society governed boy the rule of law. The expression "life or personal liberty" in Art.21 includes the right to live with human dignity and thus it would also include within itself a guarantee against torture and assault by the State or its functionaries. Supreme Court directs certain procedure to be followed in all cases of arrest or detention till legal provisions are made in that behalf, as preventive measures. Failure to comply with the requirements shall apart from rendering the official concerned liable for departmental action, also render him liable to be punished for Contempt.. D.K.Basu vs. State of West Bengal. (1997) 1 SCC 416 Kuldip Singh & Dr.A.S.Anand. (J&J)]