- While referring to its Judgment of State of Jharkhand v Sandeep Kumar, SC made an exception and invoked Article 136 to set aside bail granted to Police officer by a High Court in a case of custodial death.
- Article 136 gives discretionary power to SC to grant special leave to appeal from any judgement or order made by any court or tribunal India.
- It is not applied to orders passed by any court or tribunal constituted by any law relating to Armed Forces.
- Article 136 gives discretionary power to SC to grant special leave to appeal from any judgement or order made by any court or tribunal India.
- Custodial death is a manifestation of custodial violence which primarily refers to violence (including rape and torture) in police custody and judicial custody.
- Safeguard against Custodial death
- Constitutional
- Article 14 (Right to equality before law)
- Article 21 (Right to life)
- Legal
- Sec 330 & 331 of IPC provides punishment for injury inflicted for extorting confession during custody
- Section 176 Cr.P.C, calls for magisterial enquiry in case of custodial death.
- Other
- International Covenant On Civil And Political Rights (India is Signatory)
- D.K Basu v. State of West Bengal, SC gave specific guidelines for safeguarding of detainees.
- NHRC guidelines calls for reporting of custodial death or rape within 24 hrs of occurrence
- Constitutional