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july 2009

Supreme Court of India · 2009-07-30

Mohammad Yasin vs State (N.C.T. Of Delhi) & Ors

Court
Supreme Court of India
Petitioner
Mohammad Yasin
Respondent
State (N.C.T. Of Delhi) & Ors
Author
Dalveer Bhandari
Bench
Mukundakam Sharma, Dalveer Bhandari

Judgment text excerpt

The Supreme Court held that the High Court's dismissal of the appellant's writ petition seeking CBI investigation into the custodial death of his brother was erroneous. The Court emphasized the need for adherence to the guidelines established in D.K. Basu v. State of West Bengal (1997) 1 SCC 416 regarding custodial deaths and the obligation to register an FIR under Section 302 IPC when there are allegations of custodial violence. The Court directed the registration of an FIR and a proper investigation into the circumstances surrounding the death, thereby allowing the appeal.

Mohammad Yasin vs State (N.C.T. Of Delhi) & Ors · Niyam