Disability rights and a case for prison reform
Rahul Bajaj
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
2 hours ago
- Time of India
Detention without FIR violative of fundamental right to life and liberty: Court
New Delhi: Detaining someone without lodging an FIR is violative of the fundamental right to life and personal liberty, a Delhi court has observed. The court of special judge Manu Goel Kharb on July 29 sought an inquiry report from the police commissioner regarding the alleged illegal detention of an accused. The judge directed that a copy of the order be sent to him to "conduct an inquiry at his end and file a report" through an officer not below the rank of joint commissioner of police. The court was hearing the bail plea of Krishna, who was arrested by officials of the Uttam Nagar police station. Noting that Krishna was illegally detained even prior to the registration of an FIR, which amounted to his unjustifiable imprisonment and unlawful deprivation of liberty, the judge said that detaining someone without formally registering the FIR was "without any legal justification and violative of constitutional protection of right to life and personal liberty under Article 21". You Can Also Check: Delhi AQI | Weather in Delhi | Bank Holidays in Delhi | Public Holidays in Delhi The court said while the alleged incident took place on July 6, an FIR was registered only on July 8. The complainant, Jyoti, and her sister-in-law, Sapna, told police they were at home when the four accused, including Krishna, entered their house armed with a pistol and knife, and looted Rs 80,000 and a 10-gram gold chain. The court noted that according to the reply filed by the police officials, Krishna was allowed to leave after a preliminary inquiry on July 8. However, according to the CCTV footage, he was taken away from his house on the intervening night of July 7-8, around 12.50am. Noting that the police officials were silent when asked to produce the relevant footage to show that Krishna was released from the police station after the preliminary inquiry, the court said their silence confirmed the averments of the accused's counsel, that his client was taken from his house on July 7-8 and produced before a magistrate after three days, on July 10. The judge said the station house officer (SHO) failed to conduct an inquiry, and his reply did not mention the names of the four-five police officials who allegedly took away the accused from his house in the middle of the night on the pretext of conducting a preliminary inquiry. The court granted bail to the accused on furnishing a bail bond and a surety bond of Rs 20,000 each, while imposing certain conditions, such as not tampering with evidence.
United News of India
a day ago
- United News of India
SC gives Centre final four weeks to frame guidelines for pedestrian footpath safety
New Delhi, Aug 4 (UNI) The Supreme Court today granted the Union government a final four-week deadline to frame comprehensive guidelines aimed at ensuring the safety and accessibility of footpaths for pedestrians across the country. The court made it clear that if the Centre fails to act within this time, it will intervene directly to do what is necessary with the assistance of legal counsel. A bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan underscored that the issue goes to the heart of public safety and the fundamental right to life guaranteed under Article 21 of the Constitution. 'The instant litigation pertains to the safety of pedestrians,' the court observed, adding that proper, obstruction-free footpaths are essential and must be accessible to persons with disabilities. Senior Advocate Gaurav Agrawal, serving as amicus curiae, informed the court that the Centre had not yet formulated the required guidelines. He also pointed out that the Supreme Court had earlier constituted a monitoring committee headed by former judge Justice Abhay Manohar Sapre to oversee the implementation of road safety directives, which could begin its task once the guidelines are finalised. On behalf of the Union government, Additional Solicitor General Vikramjit Banerjee assured the court that necessary guidelines would be prepared. The court reiterated its earlier directions issued on May 14, 2025, emphasising that the lack of pedestrian walkways is a major cause of road accidents and fatalities. It had asked the states and union territories to frame their own policies to ensure safe, encroachment-free footpaths. The bench highlighted the urgency of the matter, noting that pedestrians are often forced to walk on roads due to absent or poorly maintained sidewalks, thereby increasing their vulnerability. 'This court has already acknowledged that pedestrians' right to safe footpaths is part of the right to life under Article 21,' the bench reaffirmed. It also reminded the Centre of its obligation to place on record its policies concerning pedestrian safety and to establish a National Road Safety Board within the previously granted six-month timeframe. With a firm stance, the bench concluded, 'No further extension will be granted.' UNI SNG RN
NDTV
2 days ago
- NDTV
"Illegal Order": Delhi Court Sets Aside 'Hands Up In Air' Punishment For Accused
New Delhi: A Delhi court has set aside an order of a magistrate directing some accused people to stand in the court with their hands raised for the entire day after finding them guilty of contempt of court. Principal District and Sessions Judge Anju Bajaj Chandna was hearing the appeal of Kuldeep and Rakesh, against whom the magisterial court had passed the order on July 15, while hearing a complaint case. In an order dated August 1, the court said the order did not qualify the test of legality and propriety, and that it was an "illegal order", passed without adopting legal procedure. It said, "Non-furnishing of bail bonds by the accused persons cannot be termed as a contemptuous act by any stretch of imagination." "The act of accused persons of not furnishing bail bonds does not fall within the scope and ambit of Section 228 (intentional insult or interruption to public servant sitting in judicial proceeding) of the IPC, and can in no manner be taken as intentional insult or interruption to public servant in judicial proceedings," the court said. It said the magistrate did not afford any opportunity to the accused persons to show cause as to why they should not be proceeded against, and that, without hearing them, the accused people were asked to stand in the court till the rising of the court with their hands straight in the air. "This kind of sentence is not contemplated in law," the court said, adding, Article 21 of the Constitution conferred fundamental rights of personal liberty, which could be curtailed only by a procedure established by law. "The object of law is to ensure that basic human rights are not violated. The judges are duty-bound to safeguard basic and natural rights meant for a dignified existence of individuals," the court said. "Every person appearing before the court (even if involved in a crime) has the inalienable right to live with dignity and is entitled to equal respect. It is the duty of the court to ensure that no person can be detained without proper legal justification or without following due process of law," the court added. It said the magistrate completely failed in his duty and responsibility to conduct judicial proceedings legally and properly. "The order convicting the accused persons under Section 228 IPC and sentencing them to stand with their hands in the air till the rising of the court is not sustainable. The magistrate is advised to properly read and understand the legal provisions before using his discretionary power," the court said, setting aside the order. Earlier, on July 15, Judicial Magistrate Saurabh Goyal, who was hearing a 2018 complaint case, which was at the stage of pre-charge evidence, had passed the order. He said, "Despite waiting and calling the matter twice from 10 am till 11.40 am, the bail bonds were not furnished by the accused persons. For wasting the time of the court, which is in contempt of the order duly promulgated on the last date of hearing, the accused persons are hereby held guilty for contempt of court proceedings and are convicted for the offence under Section 228 of the IPC." "They are directed to stand in the court till the rising of this court with their hands straight in the air," the magistrate added.
