Supreme Court Upholds High Court’s Move to Safeguard Against Custodial Violence

In a recent development, the Supreme Court has upheld the decision of the Allahabad High Court, which directed the Uttar Pradesh police to conduct medical examinations of individuals called in for questioning after their release.

The apex court, comprising Justices B.R. Gavai and Sandeep Mehta, declined to interfere with the High Court’s directive, emphasizing its importance in curbing custodial violence against individuals brought to police stations.

The State of Uttar Pradesh had challenged the High Court’s order, particularly objecting to the directive for the Director General of Police to issue a circular mandating medical examinations for individuals brought to police stations solely for investigation purposes.

However, the Supreme Court found merit in the High Court’s reasoning, highlighting the necessity of such measures to safeguard against custodial abuses. Notably, the medical examinations were mandated to be conducted upon the individual’s release, further underscoring the intention to prevent any mistreatment during their custody.

While acknowledging the State’s concerns regarding the broad nature of the directive, the court permitted the preparation of a Standard Operating Procedure (SOP) to address such issues. This move aims to provide clearer guidelines while maintaining the objective of preventing custodial violence.

The case, State of U.P v. Ramadhar Kashyap (Minor) Thru. Brother Divyanshu, is scheduled for further proceedings in eight weeks, signaling ongoing efforts to ensure justice and protection for individuals within the criminal justice system.

Loader Loading...
EAD Logo Taking too long?

Reload Reload document
| Open Open in new tab

Download [31.46 KB]

Print Friendly, PDF & Email
Scroll to Top