Kartar Singh v. State of Punjab (1993)
crpc_bnss clat_ug advanced real_caseThis 1993 SC judgment is a game-changer under CrPC! Section 167(2) allows police to detain an accused for 60 days in a magisterial inquiry, but Kartar Singh held that this period can't be extended simply by changing the 'nature' of inquiry. The Court even set aside a 3-year detention! It's a huge check on police powers and shows the judiciary's commitment to upholding citizens' rights.
But here's the thing - many think this judgment went too far. Detain a suspect for 3 years and expect police to not 'change the nature' of inquiry? Sounds like a classic cop-out! The community might say: "Kartar Singh was an aberration; common sense prevails in other cases." How many of you agree?
3 Comments
Maine suna hai ki unka case yeh hai ki SC ne SC/ST Act, 1989 ki Article 21 ke dauran application ko valid maana hai, par yaar, ye sab theek hai lekin yeh kya pata ki ye Act, 1990 mein badal deti hai ya nahi? Humhein aur research karni padegi, bas aaj ke baat toh isse relate nahi hai.
// Kartar Singh v. State of Punjab (1993) - Important Judgment: Is the Prevention of Terrorism Act (POTA) violatory of Article 21 of the Constitution? Court held it not violative as it serves the larger public good and maintains public order. But, it also laid down certain guidelines for its application to prevent misuse, including a 3-month limitation period for detention and a periodic review of the detention order.
Kartar Singh v. State of Punjab (1993) case hai, jehan SC ne Article 21 ka interpretation kiya. Court ne kaha ki detention without trial Article 21 khilaft hai, lekin Article 21 ki benefit un prisoners tak pahunchti hai jinhone kisi valid court order ki violation kardi hai. Is case se lagbhag 1000 detenues ko release karne pade.