Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Human Rights |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Constitution of India, 1950 - Art.21 - Human Rights -Rights relating to life, liberty, equality and dignity of theindividual - Protest/ agitation by petitioners at Police stationseeking registration of FIR in respect of an alleged occurrence·of rape - Petitioners allegedly rounded up by policemen andmercilessly beaten by them - Injuries caused to petitionersin the incident - Petitioners seeking independentinvestigation by a Special Investigation Team (SIT) into theincident of alleged police atrocities - Grievance of petitionersthat they were subjected to excessive use of force and abusesetc. and hence they were deprived of their fundamental rightto a life of dignity - Counter plea of respondents that thepetitioners had vandalized the police station and causeddamage to the public property and that the police resorted tothe minimal use of force only enough to disperse the largeviolent crowd - Held: The petitioners are ordinary persons withclean antecedents - The fact that the video footage recordedat the instance of the police does not show acts of rioting orany arms or brickbats in the hands of the protestors and the recording was stopped as soon as police started using lathis upon the protestors, make it clear, at least prima facie, that in the incident in question, peaceful protestors were subjected to beating by lathis etc. by the police force which included policemen from the concerned police station as well as force called from adjoining police station - Counter version of the respondents that the petitioners indulged in rioting and damaged public property neither supported by photographs nor by the video footage - In that view of the matter, the whole incident requires to be investigated/enquired by anindependent agency or by a Special Investigation Team (SIT) - NHRC directed to enquire into the complaint of the petitioners regarding violation of their fundamental rights particularly u/ Article 21 of the Constitution - Protection ofHuman Rights Act, 1993 - s.12A, 13 & 14. |
Judge | Hon'ble Mr. Justice Shiva Kirti Singh |
Neutral Citation | 2013 INSC 760 |
Petitioner | Beenu Rawat & Ors |
Respondent | Union Of India & Ors. |
SCR | [2013] 12 S.C.R. 889 |
Judgement Date | 2013-11-19 |
Case Number | 446 |
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