Supreme Court of India
Dr. Ashwani Kumar v. Union of India and Another
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4 Supreme Court benches have cited this judgment.
What the Court ordered
For the reasons stated above, this reasoning is constitutionally unacceptable and untenable.
Judgment, page 28
From the headnote
Custodial T orture: W rit petition filed under Art.32 of the Constitution – Seeking effective and purposive legislative framework/law based upon the ‘Convention against tor ture and Other Cr uel, inhuman or Degrading T reatment or Punishment’ adopted by the United Nations General Assembly – Prayer of applicant was that custodial tor ture being crime against humanity which dir ectly infracts and violates Art.21, this cour t should invoke and exer cise jurisdiction under Arts.141, 142 for pr otection and advancement of human dignity , a cor e and non-negotiable constitutional right – Held: It
Authorities it was built on
- 1997 Vishaka and Ors. v. State of Rajasthan and Ors.
- 1991 K. Veeraswami v. Union of India and Others
- 2017 Justice K S Puttaswamy (retd.), and Anr. v. Union of India and Ors.
- 1993 Smt. Nilabati Behera Alias Laut Behera (through the Supreme Court Legal Aid Committee) v. State of Orissa and Ors.
- 1996 D.K. Basu v. State of West Bengal
- 1997 Vineet Narain and Ors v. Union of India and Anr.
- 2007 I. R. Coelho (dead) by Lrs. v. State of Tamil Nadu
- 2015 Union of India v. V. Sriharan @ Murugan & Ors.
- 2014 Manoj Narula v. Union of India
- 1978 Sunil Batra Etc. v. Delhi Administration and Ors. Etc.
- 1969 Suri Prithvi Cotton Mills Ltd. & Anr. v. Broach Borough Municipality & Ors.
- 1989 Supreme Court Employees Welfare Association Etc. Etc. v. Union of India & Anr. Etc. Etc.
- 1981 Francis Coralie Mullin v. The Administrator, Union Territory of Delhi & Ors.
- 1995 State of Madhya Pradesh v. Shyamsunder Trivedi and Ors.
- 2004 Sakshi v. Union of India
- 2017 Kalpana Mehta and Others v. Union of India and Others
- 2014 State of Tamil Nadu v. State of Kerala & Anr.
- 1977 State of Rajasthan & Ors. Etc. Etc. v. Union of India Etc. Etc.
- 2003 Union of India and Anr. v. Azadi Bachao Andolan and Anr.
- 2017 Binoy Viswam v. Union of India & Ors.
- 2017 State of Himachal Pradesh and Others v. Satpal Saini
- 2010 Bhim Singh v. Union of India and Ors.
- 1983 Sheela Barse v. State of Maharashtra
- 1993 Rosiline George v. Uoi & Ors.
- 2018 S. Nambi Narayanan v. Siby Mathews & Others Etc.
- 2010 Gainda Ram and Others v. M.C.D. and Others
- 2018 Tehseen S. Poonawalla v. Union of India and Others
- 2012 V.K. Naswa v. Home Secretary, U.O.I. and Ors.
- 2017 Common Cause : A Registered Society v. Union of India
Where later benches applied it
- 2025 Urmila Dixit v. Sunil Sharan Dixit and Ors.
- 2022 Noel Harper & Ors. v. Union of India & Anr.
- 2024 IN RE : SECTION 6A OF THE CITIZENSHIP ACT 1955 versus
- 2021 Madras Bar Association v. Union of India and Anr.
Of those, 2 relied on · 2 referred to
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