Commission felt that it was improbable that a mother could have caused such grievous injurles to her own son, especially in the circumstances that her husband was already in a lock-up and she herself was in distress. The Commission noted that, as the injuries were examined under the orders of the District Magistrate through the S.P. Ajmer, there was no probability that the injuries were self-inflicted. The Commission thus found the report unacceptable and directed the Government of Rajasthan to pay compensation of Rs.15,000/- to the injured boy through his mother, and to take suitable action against the guilty police officials. Custodial violence is an unacceptable abuse of power and the an abhorrent violation of human rights by the protedors of the law themselves. It not only violates Article 21 of the Constitutionof India which guarantees the fundamental right to life and liberty, but aiso infringes upon Article 3 of Universal Declaration of Human Rights (UDHR) and Article 6 of the International Covenant on Civil and Political Rights, that every person has the right to life, liberty and security and no one shall be arbitrarily deprived of life. Further, Article 5 of UDHR and Article 7 of the Covenant on Civil and Political Rights lay down explicitly that no one shall be subjected to torture, or cruel, inhuman or degrading treatment or punishment. Article 9 of Universal Declaration of Human Rights and Article 9 of the Covenant emphasise that no one shall be subjected to arbitrary arrest, detention or exile. These provisions aiso lay down that anyone who is arrested shall be informed of the reasons of his arrest and shall be promptly informed of the charges against him. Article 22 of the Constitution protects tho rights of the individual in case of arrest and detention and in essence incorporates the principles of these United Nations dmments. It is a fundamental right under thls Article, that the arrested person must be produced before the nearest magistrate within twenty-four hours. The Comrrjsslon has played an active role in redressing the grievances of the victims of custodial violence. In accordance with a circular dated 14 December 1993 issued by the Commission to all State authorities, all cases of custodial deaths either in police or in judicial custody, are required to be brought to the notice of the Commission within twenty four hours. The illustrative cases on custodial death reveal that the interventions of the Commission are increasingly securing better investigation of such cases and resulting in the providing of immediate interim relief to the survivors of the deceased victims of custodial violence. In thls connection, the Commission would llke to recall the Judgement of the Supreme Court in the case of D.K. Basu Vs State of West Bengai (AIR 1997 SC 61O), which dealt with the principle Ubi jus, ibi remedium i.e., there is no wrmg without a remedy. The law wills that in w r y case where a man is wronged and damaged, he must have a remedy. A mere declaration of the invalidity of an action, or the finding of custodial violence or

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