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Constitutional law

P. MAHALINGAM versus MONICA KUMAR & ANR.

The report of the Additional Chief Judicial Magistrate establishes prima facie acts of serious police misconduct, including brutality and cover-up, against the appellants when they served dasti summons as directed by the Supreme Court. The police authorities failed in their official duties to address the complaint. Therefore, disciplinary proceedings must be initiated against the named police personnel, providing them reasonable opportunity as required by Article 311(2) of the Constitution, and the proceedings must be completed within one year. The impugned High Court order is set aside as it…

Source excerpt

  • Writ jurisdiction
  • Disciplinary proceedings against police
  • Police brutality
  • Contempt proceedings
  • Cbi inquiry
  • Article 32
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Criminal law

PRITHIPAL SINGH ETC versus STATE OF PUNJAB & ANR. ETC.

On the facts there was trustworthy and corroborated evidence of abduction, illegal detention and murder of the human rights activist by police officers; given threats to witnesses, delays and difficulty of obtaining direct evidence in custodial deaths, the trial and High Court correctly appreciated evidence (including accomplice testimony with caution) and the High Court was justified in enhancing punishment under s.386(e) Cr.P.C. after due process; absence of recovered body did not preclude conviction where death and criminal agency were proved by direct and circumstantial evidence.

Source excerpt

  • Custodial death
  • Abduction
  • Murder
  • Corpus delicti
  • Accomplice evidence
  • Section 386(e) cr.p.c.
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Criminal law

MEHBOOB BATCHA AND ORS. versus STATE REP. BY SUPDT. OF POLICE

The Supreme Court upheld the convictions of the accused police officers for the offences proved beyond reasonable doubt based on extensive witness testimony, medical and post-mortem evidence, and affirmed that custodial rape and violence are grave offences warranting harsh punishment; however, because no charge under Section 302 IPC was framed by the courts below, the Court could not record a conviction under Section 302 or enhance the punishment to death and therefore dismissed the appeal while condemning the conduct and directing dissemination of D.K. Basu directives.

Source excerpt

  • Custodial death
  • Rape
  • Murder (section 302 ipc)
  • Sentencing (death penalty)
  • D.k. basu directives
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Constitutional law

INDER SINGH versus STATE OF PUNJAB AND ORS.

The CBI enquiry established that a Punjab Police officer and a police party unlawfully abducted seven persons who were thereafter untraceable and in all probability killed; the State of Punjab, being responsible for the police force's failure to protect citizens, was directed to pay Rs. 1.50 lakh to the legal representatives of each of the seven persons and to pursue recovery from the guilty when identified; prosecutions and disciplinary proceedings were ordered to be expedited under supervision.

Source excerpt

  • Unlawful detention
  • Abduction
  • State liability for police actions
  • Compensation
  • Cbi investigation
  • Disciplinary proceedings
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Habeas corpus

JAGE RAM, INSPECTOR OF POLICE & ANR. versus HANS RAJ MIDHA

The High Court's findings that the detenu had been taken into custody prior to May 10, 1968 and tortured were supported by the detenu's statement, the Court Reader's report and the Chief Medical Officer's medical report; the appellants had an opportunity to explain by filing affidavits; the remarks were based on record and were necessary to protect fundamental liberty in habeas corpus proceedings, therefore the appeal to expunge those remarks was dismissed.

Source excerpt

  • Expunging of remarks against authorities
  • Custodial torture and medical examination
  • Remand and production of detenu
  • Judicial comments on executive action
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.