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Showing posts with label arrest. Show all posts
Showing posts with label arrest. Show all posts

Apr 24, 2012

Moti Ram Vs State of M P (1978) 4 SCC 47

Hon'ble Supreme Court of India observed as “14. The consequences of pre-trial detention are grave. Defendants presumed innocent arc subjected to the psychological and physical deprivations of jail life, usually under more onerous conditions than are imposed on convicted defendants. The jailed defendant loses his job if he has one and is prevented from contributing to the preparation of his defence. Equally important, the burden of his detention frequently falls heavily on the innocent members of his family.”

Nov 3, 2010

Porstor Miemoller said

When they arrested my neighbour I did not protest. When they arrested the men and women in the opposite house I did not protest. And when they finally came for me, there was nobody left to protest.

Oct 23, 2009

D.K. Basu v. State of West Bengal (1997) 1 SCC 416

Police is, no doubt, under a legal duty and has legitimate right to arrest a criminal and to interrogate him during the investigation of an offence but it must be remembered that the law does not permit use of third-degree methods or torture of accused in custody during interrogation and investigation with a view to solve the crime. End cannot justify the means. The interrogation and investigation into a crime should be in true sense purposeful to make the investigation effective. By torturing a person and using third-degree methods, the police would be accomplishing behind the closed doors what the demands of our legal order forbid. No society can permit it.
State terrorism is no answer to combat terrorism. State terrorism would only provide legitimacy to "terrorism".
It is now an accepted rule of judicial construction that regard must be had to international conventions and norms for construing domestic law when there is no inconsistency between them and there is a void in the domestic law.