INDIA
The SC said that the executive was looking at the issue with all seriousness, and asked: "Can we direct government to adopt a particular UN convention and make a law?
The Supreme Court today said it cannot direct the government to make a law to prevent torture and inhuman treatment in custody when the government was looking into the issue in "all seriousness" and had decided to adopt the United Nations' convention on torture.
A bench headed by Chief Justice Dipak Misra referred to the submissions of Attorney General K K Venugopal who said the prayer in a plea with regard to framing of a law to prevent torture and inhuman treatment of individuals in custody was also a subject matter of discussion in the Law Commission.
"The executive is looking at the issue with all seriousness," Venugopal told the bench, which also comprised Justices A M Khanwilkar and D Y Chandrachud.
The bench was hearing a PIL filed by senior advocate and former law minister Ashwani Kumar, who has sought directions to frame an effective law on the issue and empower agencies like the NHRC with necessary enforcement capabilities and mechanisms to implement its orders and directions.
After hearing the submissions of the Attorney General, the bench asked Kumar, "can we direct the legislature to make a law by issuing a writ of mandamus?"
"They are saying that they are looking at it with all seriousness," the apex court said, adding, "can we direct the government to adopt a particular UN convention and make a law?"
Kumar asked the bench to keep the matter in abeyance for a month or two to see how things move on legislation front.
But the bench did not agree to the submission and disposed of his plea in wake of the arguments advanced by Venugopal.
The petitioner had earlier told the court that despite being a signatory to the United Nations' Convention Against Torture, 1997, India has not ratified the convention so far since ratification required an enabling legislation to reflect the definition and punishment for 'torture'.
Kumar, a senior Congress leader, had contended that the Centre should have a comprehensive and stand-alone legislation against torture.
The plea had sought a direction to the Centre to ensure an effective law and its enforcement to fulfil constitutional promise of human dignity and prevention of custodial torture.
It had sought the issuance of guidelines for timely and effective investigation of complaints of torture and custodial violence and directions be given to the government for rehabilitation and compensation for the victims.
The government had earlier said a writ petitioner cannot seek a legislation through the court as the issue fell under the domain of the executive and the legislature.
This film has broken world box office records, not Hollywood, Bollywood but...
Meet Satyam Pandey who got high-paying job offer, not from IIM, NIT, IIIT, his annual salary is…
Gurgaon couple reunites with lost dog after three-month search in Agra
Meet man, IIT graduate, who topped UPSC exam in third attempt, he is from...
Noida authority takes BIG action against promoters of 2 housing projects, as realty firm fails to...
WPL 2025: Ashleigh Gardner, Deandra Dottin star as Gujarat Giants beat UP Warriorz by 6 wickets
This city is the coldest, darkest and most polluted in the world, tourists are banned here due to...
New Fastag rules from tomorrow: Users may incur additional charges if...; check details
Inside Kareena Kapoor, Saif Ali Khan's son Jeh's mario-themed birthday bash, watch
Meet Indian genius, who got high-paying job offer, not from IIT, IIM, his annual salary is Rs…
Shoaib Ibrahim gifts new house to his mother-in-law, Dipika Kakar's mother gets emotional
Deepika Padukone joins Kartik Aaryan, Anil Kapoor, Jackie Shroff at Mumbai event; see viral photos
Man wanted in Canada's biggest gold heist found living in THIS Indian city, he is...
'Free Samay Raina': Badshah shouts at his concert in Gujarat
Amitabh Bachchan's son-in-law Nikhil Nanda faces legal trouble, FIR filed against businessman for...
'Rohit Sharma or Virat Kohli...': R Ashwin lambasts 'superstar culture' in Indian cricket
Bombay HC to hear PIL on Sushant Singh Rajput's death, actor's father says...
Ajay Devgn's absence from Kajol's Valentine's Day post sparks speculation: 'Kalesh chal raha hai'
Anil Ambani-led company's loss widens to Rs 3298 crore in just...; its business is...
Premanand Maharaj's morning yatra set to resume after..., it was stopped because...
Champions Trophy 2025: Gautam Gambhir, Ajit Agarkar clash over Shreyas Iyer's position in team
239 composite liquor shops to be opened in..., booze business ramps up in...
Mukesh Ambani may lose the position of Asia's richest after Reliance loses...in just...days
Elon Musk-led DOGE halts Rs 175 crore election funding for India due to...
Malaika Arora shares her Paneer Thecha recipe, here's how you can make it
Mahakumbh viral girl Monalisa steps into 5-star hotel for lunch for first time, see viral post
Meet CID-fame actor, who once did a show for Rs 20, lost his wife due to...now earns...
Vinod Kambli makes surprising move, former Indian cricketer decides to donate...
Sachin Tendulkar breaking heart on V Day with Anjali in tow is oddly satisfying, watch viral video
Ekta Kapoor to face police probe, Mumbai court orders inquiry for...
Lahori Zeera makers likely to get Rs 450 crore as fundraising from Motilal Oswal among others
'You're pregnant': Ileana D'Cruz expecting second child with Michael Dolan!
Akshay Kumar touches Amitabh Bachchan's feet at ISPL2 finale, their association goes back to...
Who is Lalit Modi’s new Valentine? All about Rima Bouri, IPL founder’s new girlfriend
India's big 'treasure' is hidden here, once THIS work is done country will earn Rs...
This country hits big JACKPOT, discovers one of world's biggest gold reserves worth Rs...
Roadies XX star Prince Narula, Yuvika Chaudhary demand Rs 20 lakh bribe? Here's what we know
What led to stampede at New Delhi Railway Station that killed 18 people? 10 points
King Kong: This 6-Foot-8 buffalo named the world’s tallest by Guinness World Records
Shakira’s metallic wolf gown took 600 hours to create, designed by THIS Indian couturier
84 year marriage, 13 kids, 100 grandkids, viral couple sets record
Harshvardhan Rane, Mawra Hocane react to Amitabh Bachchan's shout out to Sanam Teri Kasam re-release
Chhaava box office collection day 2: Vicky Kaushal, Akshaye Khanna film mints Rs 67 crore
15 injured in stampede at New Delhi Railway Station, probe on