The Supreme Court of India on a number of occasions has emphasized that Articles 14, 19 and 21 are available to prisoners as well as freeman and that prisoners cannot be kept out of their Fundamental Rights.
Article 21 of the Constitution guarantees the right of personal liberty and thereby prohibits any inhuman, cruel or degrading treatment to any person whether he is a national or a foreigner. Any violation of this right attracts Article 14, which enshrines right to equality and equal protection of laws. Such rights are discussed in the International Covenant on Civil and Political Rights (ICCPR) as well.
All custodial safeguards in the constitutional and other laws are meant to protect human dignity and shun barbaric approaches. This is why no person accused of any offence shall be compelled to be a witness against himself.
Article 20(3) entitles a person to know why he is arrested for being detained in custody and to consult a legal practitioner of his choice.
The right to live with human dignity enshrined in Article 21 derives its life and breath from the Directive Principles of State Policy particularly clauses (e) and (f) of Article 39 and Articles 41 and 42 as held by the Supreme Court in Bandhua Mukti Morcha case.
Article 142 empower the Supreme Court to ‘make such order as is necessary for doing complete justice in any cause or matter pending before it. The power of the Supreme Court under this provision is meant to supplement the existing legal framework in order to do complete justice between the parties and not to supplant it.
It is intended to prevent any obstruction in the stream of justice . The innovations made by the Supreme Court is not only reducing the multiplicity of litigation but also helping the courts to render speedy justice to victims of the infringement of right to life and personal liberty.
In Nilabati Behera vs.State of Orissa, where, the Supreme Court awarded damages against the state to the mother of a young man beaten to death in police custody.
In tune with the constitutional guarantee a number of statutory provisions also seek to protect personal liberty, dignity and basic human rights of the citizens.
Chapter V of the Criminal Procedure Code 1973 deals with the powers of arrest of a person and the safeguards which are required to be followed by the police to protect the interest of the arrested person.
Under Section 49, the police is not permitted to use more restraint than is necessary to prevent the escape of the person.
Section 50 enjoins every police officer arresting any person without warrant to communicate to him the full particulars of the offence for which he is arrested and the grounds for such arrest .The police officer is further enjoined to inform the person arrested that he is entitled to be released on bail and he may arrange for sureties in the went of his arrest for a non-bailable offend.
Section 56 contains a mandatory provision requiring the police officer making an arrest without warrant to produce the arrested person before a Magistrate without unnecessary delay and Section 57 echoes clause (2) of Article 22 of the Constitution of India.
There are some provisions also like Sections 53, 54 and 167 which are aimed at affording procedural safeguards to a person arrested by the police.
In Francis Corallie Mullin v.Union Territory of Delhi, the Supreme Court has condemned cruelty or torture as being violative of Article 21 in following words “any form of torture and cruelty or degrading treatment would be offensive of human dignity and it would on its view, be prohibited by Article 21. It would be seen that there is implicit in Article 21 the right to protection against torture or cruel, inhuman which is enunciated in Article 5 of Universal Declaration of Human right and guaranteed by Article 7 of International Covenant on Civil and Political Rights".
Bebdo; thanks for detailing fundamental Rights of those in police Custody, another good work by you.
ReplyDeleteMany of the corrupt police personnel, have to pay Hafta to be employed. I doubt many of them hold any qualifications, for the duties they are supposed to carry out. Under the influence of alcohol they behave worse than animals. If Goa is governed by criminals such as Thugs and drug dealers what does one expect from police corrupt police personnel? Let us not tarnish the honest police personal with the same brush.
To Bebdo::: I doubt the Goa Police understand Fundemental Rights as enshrined in the Constitution.This also includes the Educated Police.
ReplyDeleteThese Goa Poloce suffer from an extreme form of Tunnell Vision.
The light at the end of their Tunnell, is bags of cash or Charas....not Fundemental Human Rights.
I bet if anyone asks a Goa Policeman to explain Fundemental Rights...he will think you are asking him about a Bank....or even worse.....Building Foundations.
Bebdo, what is your profession? Sometimes you are a lawyer, sometimes you are a doctor, sometimes you are a seminarian (SMGC sermon to Jetroy)sometimes you are a comedian and actor. Who are you and what is your profession? Do you live in Goa or abroad?
ReplyDeleteNiz Goenkar editor, can you please tell who Bebdo is? Is he Rajan Narayan writing here. He is also known as Bebdo?????
To Curious Goan::::
ReplyDeleteReading articles and comments from Bebdo,I am sure you will agree ,he is like a "WALKING ENCYLOPEDIA" of Goa.
I live in the UK.
Reading what Bebdo says has taught me a lot about Goa.
I think, though serious at times,He has a good sense of Humour as he calls himself "Bebdo".
I would personally recomend he keeps this name for security reasons, as I am sure many Goan Politicians would be interested in his expertise on Goan affairs.
I have also heard, from one of my contacts in the Police Force, that Goa Police FROM THE VERY TOP TO BOTTOM, are running shit scared about all the truth about them being exposed on Niz-GOENKAR.
There are many Policeman commenting here.
The truth, about the corrupt Goa Police is coming out and being exposed.
Niz-Goenkar is based in the UK, and has a worldwide reach now.
Comments are being made from all over the world.
The Goa Police and Ministers too know they are in a "SOUP".They do not know how to get out of it.
You may remember Digamber Kamat, single handedly trying to close down "FACEBOOK", which has over a billion users including Kings,Queens, and head of states.Perhaps he (KAMAT) has mis-calculated his threat.I am still waiting Kamat to close down FACEBOOK ,a Multi-Pound Business, used by multi billion dollar Indian Businesses.
I also have no doubt, that Goa Police and some Politicians are trying to close down Niz-Goenkar.But as I have explained, they will not succeed.It is not in the Jurisdiction of Goa.
The UK Government will hire the NRP SAGRES and send all the Goa Police and Politicans on a long journey back to Goa.
The UK secret service agencies are well aware of all the Corruptness of Goa Police and its Politicians.So are the CIA and FBI.
Like Digamber Kamat, the Goa Police can make some empty threats and bark as loudly as the can.They will not succeed.
A threat to any individual on Niz Goenkar, will be viewd as a threat to all Niz-Goenkars and will be dealt with firmly.
Goa Police watch out we are also watching you.
The difference is you are, corrupt, we are not We are excercising our Fundemantal Rights to Free Speech.
We are here to save Goa and not you Greedy Bastards.
To Curious Goan: Vot you saying men? Vot lawyer-boyer, doctor-bakttor? That bleddy ghantti Rajan Narayan coming Goa and vazoing rebek saying he is nizer than all niz Goenkar. When Rajan Narayan drinking little feni he getting all excited and writing nonsense in Ghantti Observer. You must recruit him to write for Niz Goenkar. On what grounds he is writing all this? Fatorda Grounds? Vot to do? He is like that only. -Furious Goan
ReplyDelete@ Furious Goan
ReplyDeleteWe should preserve our pecuilar English. Just like the Afrikans in South Afrika, or the African Americans in the USA.
Do you give Goan English tution? by living abroad I've started using a lot of grammer and this is hurting my Goan pecuilar English.
@ Curious Goan or stupid Goan
ReplyDeletePlease enjoy and learn whatever you can learn and enjoy and please don't question who is who.
NZ has opened my eyes and eyes of hundreds of other readers, (tomorrow even millions) we should not be interested in who is behind NZ, but we should be interested in how to learn or to support NZ in every single given way.
In life time and knowledge is not for free, one should learn to respect it when given for free.
To Curious Goan::::
ReplyDeleteI hope you had a good day in front of your computer at the Police station monitoring Niz goenkar.
Please tell you boss or bosses,that your unusual sweetness and curiousity and that of your colleague will not work here on Niz-Goenkar.
A friend / relative of yours has been in touch with me and has exposed you as an agent of Goa Police.
Please do not treat commentators here as gullible fools.
Try your charms on Ravi Naik or Chandrakant Salgaonkar.
For your information I am here in London and Bebdo is in Timbaktu.
A Supreme Court judge has expressed the view that all cases of custodial deaths should be investigated by an independent investigating agency like the CBI.
ReplyDelete"My personal opinion is that all custodial deaths should be handed over to the CBI," Justice Dalveer Bhandari, heading a bench which included Justice Deepak Verma, observed, while dismissing the Kerala government's appeal challenging the CBI inquiry into a custodial death case.
The Kerala government had moved the apex court questioning the CBI probe into the custodial death case of one Sampath who was picked up by the Palakkad police in connection with the death of a woman Sheela.
Sampath, who was picked up for questioning, reportedly died in custody on March 30, 2010.
On the basis of a petition filed by his brother, a single judge of the Kerala High Court ordered a CBI inquiry as the accused involved in the alleged offence were police officers. A division bench upheld the decision, following which the state appealed in the apex court.
The state took the plea that the case was being handled in an impartial manner by it as the investigation was handed over to the Crime Branch-CID which had found prima facie evidence against one deputy SP rank officer, a circle inspector and two sub-inspectors besides eight other policemen.
However, the argument failed to convince the apex court which concurred with the findings of the High Court.
"It is astonishing that the state government has come to the Supreme Court against the High Court order. Two benches of the High Court had comprehensively stated that the case should be handed over to the CBI. They have given detailed reasons for that.
"Why is the state shirking? They (CBI) are your own colleagues. Accused belongs to the police department, there can be inference," the apex court observed while dismissing the government's appeal.
@Annonymous VIII, that is true. All custodial deaths should be investigated by the CBI. In 1994, when Abdul Gafar Khan died in police custody in Margao, the case was taken up by the National Human Rights Commission and was handed over to the CBI.
ReplyDeleteAll those policemen who were involved in that case were punished.
Cipriano's case should also be handed over to the CBI. The chief minister and the home minister are trying to fool the people of Goa.
Goans should rise up in revolt and organise a morcha to the chief minister and home minister's office.
If the Goa police cannot provide security for the people and turns into extra-judicial authorities by killing innocent Goans and gagging others with threats then we are not living in a democracy.
Today it has happened to Cipriano, Geeta and her mother; tomorrow it can happen to anyone of us.
Where is the rule of the law? Where is justice? Where is democracy? And what the fucking Goan media - the spineless so-called journalists - are doing about it?
A message to Shashi and Lourdina. Try to find your needle in the ocean. Try finding certain characters for the sake of your bosses. As NG is concerned, consider it as ocean and yourself as a small fish in it. Got it? Remember your own movements are under the scanner of NG. We only expose corruption and corrupt officers like your bosses.
ReplyDeleteWell said Dalia. reading the above comments I had my anxious moments for you. You;re getting popular for all the wrong reasons, certainly the exposure on niz goenkar is stressing the police & political establishment. All in all, keep up the good work, I'm so proud of you and the others here.
ReplyDelete