SC adjourns hearing over framing law on custodial torture, inhuman treatment
Jan 04, 2021
New Delhi [India], January 4 : Supreme Court on Monday adjourned the hearing in a plea seeking direction to the Centre to frame a law on custodial torture and inhuman treatment.
Former Law Minister and senior advocate Ashwini Kumar said this is a year of hope and he is hoping that the Supreme Court as custodian of Constitution will protect basic human rights of people in custody.
A Bench headed by Justice AM Khanwilkar said the original order was passed by a bench where Justice Maheshwari is a member so let it go before that bench. Judicial propriety demands the matter go before the same court, the bench said.
Attorney General KK Venugopal appearing for Centre said the same issue of custodial torture was decided and guidelines were issued in 1997 case of DK Basu. That plea is still being heard and let this matter also be added to that case, he added.
Ashwini Kumar said that his petition has a much larger dimension than the guidelines.
The Bench, however, said that let the matter be decided by the same bench and adjourned it.
The former Law Minister has said India has been a signatory of the United Nations' Convention Against Torture since 1997 and has not ratified it so far since ratification required enabling legislation to reflect the definition and punishment for 'torture'.
He has said that slight "nudge" from the court would force Parliament to make the law in view of the fact that only seven countries of the world are yet to frame it and moreover, "five persons are killed every day in custody in the country".
