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 Torture: Writ petition filed under Art.32 of the Constitution – Seeking effective and purposive legislative framework/law based upon the ‘Convention against torture and Other Cruel, inhuman or Degrading Treatment or Punishment’ adopted by the United Nations General Assembly – Prayer of applicant was that custodial torture being crime against humanity which directly infracts and violates Art.21, this court should invoke and exercise jurisdiction under Arts.141, 142 for protection and advancement of human dignity, a core and non-negotiable constitutional right – Held: It is true that…
Authorities it was built on
- 1973 His Holiness Kesavananda Bharati Sripadagalavaru v. State of Kerala
- 1997 Vishaka and Ors. v. State of Rajasthan and Ors.
- 1991 K. Veeraswami v. Union of India and Others
- 1993 Smt. Nilabati Behera Alias Laut Behera (through the Supreme Court Legal Aid Committee) v. State of Orissa and Ors.
- 2017 Justice K S Puttaswamy (retd.), and Anr. v. Union of India 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
- 1981 Francis Coralie Mullin v. The Administrator, Union Territory of Delhi & Ors.
- 1969 Suri Prithvi Cotton Mills Ltd. & Anr. v. Broach Borough Municipality & Ors.
- 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.
- 1989 Supreme Court Employees Welfare Association Etc. Etc. v. Union of India & Anr. Etc. Etc.
- 1991 Delhi Judicial Service Association Tis Hazari Court, Delhi Etc. Etc. v. State of Gujarat and Ors. Etc. Etc.
- 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
- 1977 State of Rajasthan & Ors. Etc. Etc. v. Union of India Etc. Etc.
- 2014 State of Tamil Nadu v. State of Kerala & Anr.
- 1994 Premium Granites and Anr. v. State of Tamil Nadu and Ors.
- 1998 State of Punjab and Ors. v. Ram Lubhaya Bagga
- 2003 Union of India and Anr. v. Azadi Bachao Andolan and Anr.
- 2013 Sister Mina Lalita Baruwa v. State of Orissa and Others
- 2017 Binoy Viswam v. Union of India & Ors.
- 2010 Bhim Singh v. Union of India and Ors.
- 2017 State of Himachal Pradesh and Others v. Satpal Saini
- 1984 State of West Bengal & Ors. Etc. v. Sampat Lal & Ors. Etc.
- 1983 Sheela Barse v. State of Maharashtra
- 2018 S. Nambi Narayanan v. Siby Mathews & Others Etc.
- 1993 Rosiline George v. Uoi & Ors.
- 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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