Custodial Torture A Blatant Infraction of Human Rights and its Reparations
Nilabati Behera V. State of Orissa [AIR 1993 SC 1960]
Vivekananda Institute of Professional Studies, India
Volume III, Issue IV, 2020
THE MOST dangerous cocktail in a democracy is when those who are meant to enforce the law take the law into their own hands. The most unfortunate aspect of custodial violence is that it ambushes at the very root of the ethos of the rule of law which shatters the confidence of citizens towards democracy and criminal justice system. If a person is maliciously confiscated by police, the court can order his release. But what if the remedy loses its meaning even before the court gets an opportunity to hear the case? What if the person cannot be presented in court because he has died while in police custody? A writ petition in such a case would be meaningless. Howbeit, things turned out differently after the compensatory case.