Case Note & Summary
The petitioners, young volunteers of the Aam Aadmi Party (AAP), approached the Supreme Court under Article 32 of the Constitution of India, seeking relief for alleged police atrocities during a protest on 19.06.2013 at Gokul Puri Police Station, Delhi. They claimed that they were unlawfully arrested and tortured while demanding the registration of an FIR regarding a rape incident. The police initially refused to register the FIR, leading to a protest that escalated into violence, with the petitioners alleging excessive force used by the police. The respondents countered that the protestors obstructed police duties and caused damage to property, justifying their actions. The Court analyzed the evidence, including video footage, and found that the police's use of force was excessive and unjustified. It determined that the petitioners' fundamental rights under Article 21 were violated and directed the National Human Rights Commission to investigate the matter. The Court ordered that the investigation of the FIR related to the protest be conducted by a Special Investigation Team, rather than the local police, to ensure impartiality. The petition was allowed to the extent of these directions.
Headnote
A) Constitutional Law - Right to Life and Dignity - Violation of Fundamental Rights - Article 21 of the Constitution of India - The Court found prima facie evidence of police brutality against peaceful protestors, necessitating an independent investigation into the incident to uphold the right to live with dignity. Held that the National Human Rights Commission should conduct the inquiry into the petitioners' complaints (Paras 20-22).
Issue of Consideration
Whether the petitioners made out a case for an independent investigation into the alleged police atrocities during the protest on 19.06.2013.
Final Decision
The Supreme Court directed the National Human Rights Commission to investigate the petitioners' complaints regarding police brutality and ordered that the investigation of FIR No. 251/13 be conducted by a Special Investigation Team, not by local police, to ensure impartiality.
Law Points
- Article 21
- Protection of Human Rights Act
- 1993
- Special Investigation Team
- unlawful arrest
- police brutality
- fundamental rights violation
