SC Alleges States And UTs To File Comments On Prevention Of Torture Bill, 2017 Within Three Weeks

Team SoOLEGAL 24 Jan 2019 12:30pm

SC Alleges States And UTs To File Comments On Prevention Of Torture Bill, 2017 Within Three Weeks

The SC on 22 January, 2019 wanted responses and participation from States and Union Territories on the Prevention of Torture Bill, 2017 within three weeks. This direction was subjected by three judges Bench comprising Chief Justice of India Ranjan Gogoi, Justice L Nageswara Rao and Justice Sanjiv Khanna, on a petition filed by former Union Minister Dr. Ashwini Kumar.

The Centre was held on November 2017 while assuring the apex court that it was literally considering the Law Commission of India report on the mentioned issue. On the date of hearing, the apex court now examined an affidavit filed by the Union Ministry of Home Affairs. The affidavit submitted that the Bill was passed on to all the States and UTs for their participation and responses, February 28, 2018. It also added the reminders which were sent.

The petition emphasizes the lack of a legislation explaining "torture" or "custodial torture" in India and advocates for an Anti-Torture law, especially dealing with custodial torture.

Further, the court submitted that response was only been received from the eight States and Union Territories. Then the court ordered, "Having heard Shri K.K. Venugopal, learned Attorney General on behalf of Union of India and Dr. Ashwini Kumar, applicant appearing in person we direct the Chief Secretaries of the following States/Union Territories to send their comments/responses on the Prevention of Torture Bill within three weeks i.e. on or before 11th February, 2019."

It further alleged the Centre to thereafter file a status report with regard to the steps that would be taken and the time-frame for such steps. In case of their malfunction to comply with the court's directions, the Chief Secretaries of the States and Union Territories was ordered to be present before the court on the next date of hearing, February 13.

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