PEOPLE'S UNION FOR CIVIL LIBERTIES versus UN10N OF INDIA AND ANR.

PEOPLE'S UNION FOR CIVIL LIBERTIES versus UN10N OF INDIA AND ANR.

In light of the District and Sessions Judge's report, the two villagers were killed by police while in custody. Regardless of law and order situation, administrative liquidation is not permitted; proper course is to deal with detainees according to law. Award of compensation by court for violation of fundamental...

Source-derived case information.

Parties
Petitioner: People's Union for Civil Liberties; Respondent: Union of India; Respondent: State of Manipur
Jurisdiction
India
Judgment Date
05 February 1997
Procedural Posture
Writ Petition (civil) / Final Decision
Outcome
Petition disposed of. Compensation awarded.
Legal Topics
Custodial Deaths, Compensation, State Liability, International Covenant on Civil and Political Rights
Constitutional Law Human Rights Law Criminal Law Custodial Deaths Compensation State Liability International Covenant on Civil and Political Rights

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Parties

People's Union for Civil Liberties

Petitioner

Union of India

Respondent

State of Manipur

Respondent

Procedural Posture

Writ Petition (civil) / Final Decision

Legal Issues

  1. 1 Whether compensation can be awarded for custodial deaths under Article 32
  2. 2 To what extent provisions of international covenants/conventions are enforceable as national law
  3. 3 State liability for deprivation of life by police

Ratio Decidendi

In light of the District and Sessions Judge's report, the two villagers were killed by police while in custody. Regardless of law and order situation, administrative liquidation is not permitted; proper course is to deal with detainees according to law. Award of compensation by court for violation of fundamental rights is justified under Article 32. Provisions of the International Covenant on Civil and Political Rights effectuate and elucidate constitutional rights and may be relied upon by courts.

Court Disposition

Petition disposed of. Compensation awarded.

Orders

  • Compensation of Rs. 1,00,000 to families of each deceased, paid by Government of Manipur.
  • Collector/District Magistrate to hand over cheques to respective families within two months.