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september 1974

Supreme Court of India · 1974-09-09

D. BHUVAN MOHAN PATNAIK & ORS. vs STATE OF ANDHRA PRADESH & ORS.

Citation / case number
SC 1974/60296
Court
Supreme Court of India
Petitioner
D. BHUVAN MOHAN PATNAIK & ORS.
Respondent
STATE OF ANDHRA PRADESH & ORS.
Author
Y.V. CHANDRACHUD
Bench
Y.V. CHANDRACHUD

Judgment text excerpt

The Supreme Court held that prisoners retain certain fundamental rights, including the right to personal liberty under Article 21 of the Constitution, even while incarcerated. The Court dismissed the petition challenging the presence of armed police guards and the installation of a live wire mechanism atop the jail wall, ruling that these measures do not violate the prisoners' rights. The Court emphasized that while some rights are restricted, the fundamental rights to life and liberty cannot be entirely denied to convicts, provided they are not subjected to inhumane treatment.

D. BHUVAN MOHAN PATNAIK & ORS. vs STATE OF ANDHRA PRADESH & ORS. · Niyam