SRI THAMINDA, DHARSHANE AND MAHALEKAM v INSPECTOR OF POLICE AND OTHERS SC FR 463/464/465/03

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The petitioners allege violations of Articles, 11 and 13(1) by certain officers. They complain that they were arrested without justification and were brutally assaulted, and further contend that, they were subjected to torture or to
cruel inhuman or degrading treatment or punishment in violation of Article 11. The respondents contended that the petitioners were under the influence of liquor and when the 3rd petitioner was requested to move his three wheeler
away, the petitioners had attacked the respondents and the Police Constable who had sustained injuries had to be hospitalised, and that the petitioners had sustained injuries at the hands of the crowd, that had gathered there to
intervene and save the Police Constable from being assaulted.

However, in all the circumstances of the present applications, where the petitioners have themselves conducted themselves in a disgraceful manner on a noble occasion, and must share parts of the blame for their predicament,  not inclined to award any compensation, and only grant a declaration that the fundamental rights guaranteed to the petitioners in SC Application No. 463/03 and SC Application 465/03 by Article 11 of the Constitution have been infringed due to executive or administrative action. In the particular circumstances of these two applications. do not make any order for costs.

full judgement here

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