ROMESH LAL MOTTAN Vs. STATE

JUDGEMENT

(1.) Whenever human dignity is wounded, civilization takes a step backward -flag of humanity must on each such occasion fly half -mast". Such were the strong sentiments expressed by Dr. A. S. Anand, J, later Chief Justice of India, while dealing with the rights of a person who is subjected to custodial violence.

(2.) It is the case of the petitioners that the rights conferred upon them under Articles 21 and 22 of the Constitution were violated in as much as not only the person but the property belonging to them was also subjected to worst type of violence.

(3.) Before noticing the facts, it would be apt to mention that what was said by the Supreme Court of India in the case of D. K. Basu v. State of West Bengal, (1997) 1 SCC 416. This decision takes notice of the rights of the citizens. There is no dispute with the proposition laid down in the aforementioned case vis -a -vis rights to which a citizen is entitled to, however, there is another aspect of the matter also which is to the effect that is the State property to be damaged whenever there is a bandh or some agitation either sponsored by a group or by a political organisation? No doubt, the rights of the citizens are sacrosanct and the State owes a duty to respect these rights but the corresponding duty of the citizens to protect the State property is equally sacrosanct. It is this aspect of the matter which is also required to be taken note of.