Dr. Mehmood Nayyar Azam Vs. State of Chhattisgarh
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Head Note
Constitution of India, 1950 - Article 21 , Article 226 , Indian Penal Code,1860 - Section 500
Custodial torture - Police arresting a person in a criminal offence - He was tortured and humiliated while in custody - State directed to pay compensation of 5 lakhs and realize the same from erring officers - Police arresting the Appellant in a theft case and took his photograph compelling him to hold a placard on which it was written (I, Dr. M.N. Azam, am a cheat, fraud, thief and rascal) - The photographs were circulated in general public - The appellant has thus been humiliated causing him mental trauma - Any psychological torture inflicts immense mental pain - State directed to pay compensation of 5 lakhs and realize the same from erring officers - Held, Police has tortured and humiliated the appellant while in custody and thus violated in human rights of appellant envisaged in Article 21 of Constitution - It is breach of public law duty.
Criminal Laws - Harassment and Torture
Harassment and Torture - Meaning of - The term "harassment" in its connotative expanse includes torment and vexation - The term "torture" also engulfs the concept of torment - The word "torture" in its denotative concept includes mental and psychological harassment - The accused in custody can be put under tremendous psychological pressure by cruel, inhuman and degrading treatment - Further held - Torture is not merely physical but may even consist of mental and psychological torture calculated to create fright to submit to the demands of the police.
Topic(s)-Custodial Torture , Harassment and Torture
Important Decision(s)- Police has tortured and humiliated the appellant while in custody and thus violated in human rights of appellant envisaged in Article 21 of Constitution - It is breach of public law duty.