VidhiSangh

Supreme Court of India · 05/09/2019

DR. ASHWANI KUMAR versus UNION OF INDIA AND ANOTHER

[2019] 12 S.C.R. 30 · 2019 INSC 1007

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

An application sought a judicial direction compelling Parliament to enact comprehensive legislation against custodial torture based on the UN Convention. The Court held that separation of powers precluded commanding legislation or treaty ratification, particularly while legislation was under active consideration. It distinguished such a command from adjudicating rights and issuing appropriate protective guidelines. Courts’ powers to remedy individual cases of custodial torture were expressly preserved.

Issues

  1. Whether the Court could direct Parliament to enact a comprehensive anti-torture law.
  2. Whether the executive could be directed to ratify the Convention.
  3. Whether refusal affected judicial protection against custodial torture.

Held

Result

The prayer to compel a standalone enactment was rejected and the miscellaneous application disposed of. The Court expressly preserved jurisdiction to decide individual allegations of custodial torture and pass appropriate lawful orders and directions.

Judgment PDF: Supreme Court of India, [2019] 12 S.C.R. 30.