Functions, duties and accountability

--- Functions, duties and accountability --- Scope --- Torture and other cruel, inhumane, or degrading treatment including outrages upon personal dignity are not permitted in any circumstance, as it is against the human dignity and the rule of law --- Sometimes, torture leads to extrajudicial killings by the police, presuming de facto impunity and as a means of brining alleged criminal to justice --- To stop this practice, an effective, dedicated, external oversight of the police force is a need of the hour --- The right to life has been categorized as the supreme human right, which is codified in every major human rights treaty --- Therefore, the Constitution imposes a duty upon the State to protect the right to life of every citizen and to prevent custodial violence and killings --- These Constitutional guarantees against illegal detention, arrest, brutality, torture and extrajudicial killings in any form, are bedrock legal and fundamental principles enshrined in the Constitution, therefore, illegal detention and torture are neither encouraged nor justified under any circumstances --- The principle of fundamental rights is to ensure a secure and just society.

--- Functions, duties and accountability --- Scope --- Police force is the custodian of law and is committed to preserve the framework of fundamental rights enshrined in the Constitution --- It is bound to provide security and to protect life, liberty and dignity of a person --- When a government functionary harms a person without following the law, this not only constitutes a fundamental rights violation, but also violates due process of law, guaranteed by the Constitution --- There is no denial of the fact that the police has the authority to arrest any person who violates the law, but any such action without adopting the due process provided by the Constitution and law, and treating such person inhumanly, cruelly and subjecting that person to torture, constitutes not only a criminal act, but also amounts to a misconduct.

--- Disciplinary proceedings --- Scope --- The allegations against the petitioners are that they in their capacity as police officials unlawfully confined, maltreated and tortured a person which was established during the inquiry through evidence and material described in the report of the inquiry officer as well as available on the record --- By detaining the victim illegally and subjecting him to torture, the petitioners acted in violation of their duty to act in accordance with law --- The act of the petitioners amounts to misuse of authority, falling within the definition of grave misconduct --- The penalty proposed by the authorized officer was not commensurate with the gravity of the misconduct committed by the petitioners --- The RPO, being the competent authority, provided opportunity to the petitioners to defend themselves --- After adopting due process, the competent authority was justified in enhancing the penalty, from reduction in pay by one stage for a period of two years, recommended by the inquiry officer, to that of dismissal from their service --- Such departmental proceedings were necessary to uphold the rule of law and maintain public confidence in State’s institutions --- The learned counsel for the petitioners had not been able to point out any substantial question of law of public importance in the petitions, warranting interference --- Leave to appeal was dismissed.