Manoj Shamika vs. Samantha Thushara – SC/FR 626/2012-2025

In the case between Manoj Shamika and several state actors including police officers and the Hon. Attorney General (respondents), the court addressed the alleged infringement of Fundamental Rights under Articles 11 (prohibition of torture and degrading treatment) and 12(1) (right to equality and equal protection) of the Constitution. It was held that the petitioner’s rights had been violated through the actions and omissions of state agents during and after an alleged assault by a police officer. The principle reaffirmed is that state functionaries are accountable for violation of constitutional rights where credible and cogent evidence substantiates the claim, despite conflicting narratives from respondents. The decision relied on the evaluation of medical evidence, credibility of affidav