KIRAN Vs. STATE OF DELHI

JUDGEMENT

(1.) There can be nothing more revolting in a civilized society than custodial killing. It not only violates the law, mocks at the right to life guaranteed to the citizens but scars the soul of the victim and even his family members. The very thought of those charged with the duty of upholding the Rule of law and protecting the life and liberty of the citizens turning assassins, is abhorent. The brutality behind such action is unpardonable by both legal and moral standards. The case at hand is a grim reminder that such things continue to happen and times with impunity. What is disturbing is that it should be happening in Delhi the Capital of this country and despite the declaration of law by the Supreme Court in a long string of decisions to which we shall presently refer:

(2.) In Joginder Kumar Vs. State 1994 (4) SCC 260, the Court expressed its concern regarding complaints of violation of human rights during and after the arrest and set down the procedural requirement in cases of arrest.

(3.) In Neelabati Bahera Vs. State of Orissa 1993 (2) SCC 746 against the Court declared that prisoners in or undertrials are not denuded of their fundamental rights under Article 21 and that it is only such restrictions, as are permissible be law, which can be imposed on the enjoyment of the fundamental rights by such person.