Breaking Supreme Court Legal Update
New Delhi · Thursday, 06 August 2026 9888666310 | [email protected]
Free Law — free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2019-09-05 dismissed

Ashwani Kumar vs Union of India and Another

Bench: 3 — <UNKNOWN>

In Brief

A petition sought a court order directing Parliament to enact comprehensive legislation against custodial torture based on the UN Convention Against Torture. The petitioner, a former Rajya Sabha Select Committee chairperson, argued that custodial torture violates the fundamental right to life and liberty. While the Court acknowledged that torture is a grave constitutional violation and that courts can award compensation as a public remedy, it held that directing Parliament to legislate would exceed judicial powers and violate separation of powers. The petition was dismissed, holding that the responsibility to enact laws rests with Parliament alone.

The lawyer headnote and full judgment text are available to registered users.

Constitutional Law Right to Life and Liberty Custodial Torture Tort Law Separation of Powers Judicial Review

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login