Constitution of India – Art.21 – Human Rights Act, 1993 – s.2(d) – Human Rights – Violation of – Refusal to register FIR – Third respondent visited police station for lodging complaint along with his parents – Appellant-Inspector of Police refused to register FIR and also used very objectionable language while talking to third respondent’s mother – After holding inquiry, State Human Rights Commission directed the Excise Department to pay compensation to the complainantthird respondent with liberty to recover the amount from the appellant – Interference with:
Held: Not called for – Every citizen of India who goes to a police station to report commission of an offence deserves to be treated with human dignity – That is his fundamental right u/Art.21 – Citizen who wants to report commission of an offence, should not be treated like a criminal – Appellant being a senior officer ought to have immediately registered the FIR – However, he not only refused to do it but used very objectionable language, while talking to the third respondent’s mother – Looking to the conduct of the appellant, it was rightly found by the Commission and by High Court that there was violation of human rights on the part of the appellant. [Paras 7-9]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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