Thadchanamoorthi and Others v. Attorney-General and Others – 1978_79_80 volume 1 page 154

In the case between Thadchanamoorthi and others (petitioners) and the Attorney-General and others (respondents), the court addressed whether allegations of torture and inhuman or degrading treatment under Articles 11 and 126 of the Constitution had been substantiated. It was held that the evidence did not establish the occurrence of torture or inhuman treatment amounting to a breach of fundamental rights, and that procedural requirements—specifically, the one‐month limitation under Article 126—were determinative, resulting in the dismissal of a connected application as being out of time. The principle reaffirmed was that credible, substantial evidence and strict adherence to procedural rules are required to establish state liability for violation of fundamental rights. This decision relied

REF: 1978_79_80 volume 1 page 154 Category: Tag:
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