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[1]Tej Bahadur Singh, Principle of separation of powers and concentration of authority, IJTRL Journal (1996)

[2] E.Peru Sudhakar v. State of AP- (2006) 8 SCC 161.

[3]Akash Triksha, “Seperation of Powers-Indian Perspective”, Palarch;s JOAE, (2020).

[4]Nidhi Singh and Anurag Vijay, Separation of Powers:Constitutional Plan and Practise, 3 International Journal of Scientific and Research Publication, (2013).

[6] Ram Jawaya Kapoor v. State of Punjab- AIR 1955 SC 549 ⁷Chandra Mohan v. State of UP- AIR 1966 SC 1987.

[7] Kesavanandha Bharathi v. State of Kerela- AIR 1973 SC 1461.

[8] Jayanti Lal Amrit Lal v. SM Ram- 1964 SCR (5) 294.

[10] In Re Special reference- AIR 1999 SC 1.¹²SCOARA v UOI- 1991 SCC 574.

[11] Asif Hameed Ali v State of Jammu and Kashmir- AIR 1989 SC 1899.

[13] Hari Shankar Bhagala v State of MP- AIR 1954 SC 465 ¹⁶KT Moopil Nair v State of Kerala- AIR 1961 SCC 552.

[14] Gwalior Silk Manufacturing industries v. CST- (1967) 20 STC 430.

[17] Gullaballi Nageshwara Rao v. State of Andhra Pradesh- 1959 AIR 308 ²¹Province of Bombay v Kusaldas- AIR 1950 SC 222.

[19] BS Minhas v. Indian Statistical Institute- 1984 AIR 363.

[20] Khet Singh v Union of India- AIR 2002 SC 1450.

[1] S Singh, The historical development of prisons in South Africa: A penological perspective, NWU Institutional Repository, 2005, http://dspace.nwu.ac.za/handle/10394/5312.

[2] National Human Rights Commission, New Delhi, Improving Prison conditions in India—A Human Rights Perspective. (unpublished manuscript)

[3] Some of the United Nations Instruments are as follows:

i. Standard Minimum Rules for the Treatment of Prisoners (1955).

ii. Principles of Medial Ethics relevant to the Role of Health Personnel, particularly physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (1982).

iii. Convention against Torture (1984).

iv. Body of Principles for the Protection of All Persons under any form of Detention or Imprisonment (1988).

v. Basic Principles for the Treatment of Prisoners (1990).

vi. United Nations Standard Minimum Rules for non-custodial measures (The Tokyo Rules) (1990).

[4] Charles Sobraj v. Supt., Central Jail, (1978) 4 SCC 104 : AIR 1978 SC 1514

[6] Charles Sobraj v. Supt., Central Jail, (1978) 4 SCC 104 : AIR 1978 SC 1514;

[7] Sunil Batra v. Delhi Admn., (1978) 4 SCC 494 : AIR 1978 SC 1675; Sunil Batra (II) v. Delhi Admn., (1980) 3 SCC 488 : AIR 1980 SC 1579

[8] These are Prisoners Act (1894), Prisons Act (1900), Identification of Prisoners Act (1920), Transfer of Prisoners Act (1950) Prisoners (Attendance in Courts) Act (1955), Civil Jails Act (1874), Borstal School Act, Habitual Offenders Act, and Mental Health Act, 1987. Other than these, the Jail Manuals of each State govern the day to day administration of prisons in the States.

[9] SREEKUMAR. R, HANDBOOK FOR PRISON VISITORS, New Delhi: Commonwealth Human Rights Initiative, (2003).

[10] Sheela Barse v. State of Maharashtra, (1983) 2 SCC 96: AIR 1983 SC 378; and also refer Section 24(3) of Prisons Act, 1894.]

[11] Refer various sections of Prisons Act, 1894: such as Sections 24(3); 13, 26(3), 26(2), 29, 35(2), and 39-A. Also refer Rama Murthy v. State of Karnataka, (1997) 2 SCC 642 : AIR 1997 SC 1739; and NHRC letter DO No. 4/3/99-PRP and P dated 11-2-1999 addressed to all Chief Secretaries/Administrators of all States/UTs.

[12] Section 27(3), Prisons Act, 1894: and Rakesh Kaushik v. B.L. Vig., 1980 Supp SCC 183: AIR 1981 SC 1767.

[13] Section 27(3) Prisons Act, 1894. Also refers to the Right to Protection against Being Force into Sexual Activities.

[14] Section 436-A CrPC lays down the right of an under trial to apply for bail once he/she has served one-half of the maximum term of sentence he/she would have served had he/she been convicted. On a bail application filed under this section, the Court shall hear the Public Prosecutor and may order the:(i) release such person on a personal bond with or without surety; or(ii) release of such person on bail instead of personal bond; or(iii) continue detention of such person (in cases pertaining to (2) and (3). The Court is required to record reasons in writing. This section further prescribes the detention of an under trial beyond the maximum period of punishment prescribed for the offence he/she is alleged to have committed. (This provision is not applicable to persons who are accused of an offence which attracts death sentence as are of the punishment). This is noteworthy to maintain that Section 436-A was inserted in the Criminal Procedure Code by the Code of Criminal Procedure (Amendment) 2005 vide Act 25-9-2005, w.e.f. 23-6-2006.Please also refer Supreme Court rulings in Motiram v. State of M.P., (1978) 4 SCC 47 : AIR 1978 SC 1594; Hussainara Khatoon v. State of Bihar, (1980) 1 SCC 93 : AIR 1979 SC 1360; Supreme Court Legal Aid Committee v. Union of India, (1994) 6 SCC 731; Common cause v. Union of India, (1996) 4 SCC 33.

[15] Hussainara Khatoon (1) v. State of Bihar, (1980) 1 SCC 93: AIR 1979 SC 1360. This aside, non-official visitors appointed under Jail Manual Rules should follow up with the officials concerned.

[16] M.H. Hoskot v. State of Maharashtra, (1978) 3 SCC 544: AIR 1978 SC 1548. Also refer Section 383 CrPC Sunil Batra (II) v. Delhi Administration, (1980) 3 SCC 488 para 79(1) of p. 522.

[17] Section 40 of Prisons Act, 1894. Also refer Sunil Batra (II) v. Delhi Admn., (1980) 3 SCC 488 para 78 (3) of p. 521.

[18] Veena Sethi v. State of Bihar, (1982) 2 SCC 583: AIR 1983 SC 339. Also refer Section 12(2) of Prisons Act, 1894.

[19] Munna v. State of U.P., (1982) 1 SCC 545: AIR 1982 SC 806. Also refer No escape: Male rape in US prisons, Human Rights Watch, New York, 2001.

[20] Prem Shankar Shukla v.Delhi Admn, (1980) 3 SCC 526: AIR 1980 SC 1535. Also refer Sunil Gupta v. State of M.P., (1990) 3 SCC 119 and Citizens for Democracy v. State of Assam, (1995) 3 SCC 743: AIR 1996 SC 2193.

[21] Francis Coralie Mullinv. Union Territory of Delhi, (1981) 1 SCC 608 : AIR 1981 SC 746

[22] Sunil Batra v. Delhi Admn., (1978) 4 SCC 494 : AIR 1978 SC 1675

[23] Sunil Batra (II) v. Delhi Admn. (1980) 3 SCC 488 para 78(4) at p. 521.

[24] Sunil Batra (II) v. Delhi Admn. (1980) 3 SCC 488 at page 504.

[25] Rudul Shah v. State of Bihar, (1983) 4 SCC 141: AIR 1983 SC 1086, Sebastian M. Hongray v.Union of India, (1984) 3 SCC 82: AIR 1984 SC 1026 and D.K. Basu v. State of W.B., (1997) 1 SCC 416: AIR 1997 SC 614.

[28] Sunil Batra (II) v. Delhi Admn., (1980) 3 SCC 488 para 79 (1) of p. 522.

[29] Sunil Batra (II) v.Delhi Admn, (1980) 3 SCC 488.

[31] Various Sections 34 and 35 of Prisons Act, 1894 and also State of Gujarat v. High Court of Gujarat, (1998) 7 SCC 392.

[32] Singh, Hira, Status of Human Rights in Prisons, ACPF Sixth World Conference, New Delhi (December, 1999)

[33] A Group of Officers on Prison Administration headed by Shri R.K. Kapoor (1986) popularly known as Kapoor Committee, was constituted to examine and review various aspects such as prison administration and prison management, especially in the context of security and discipline in prisons and suggest measures for their improvement

[34] National Expert Committee on Women Prisoners of 1987 chaired by Justice V.R. Krishna Iyer.

[35] Third Report of the Parliamentary Committee on Empowerment on “Women in Detention” presented to the Parliament on 24-8-2001.

[36] Committee on Reforms of Criminal Justice System, Government of India, Ministry of Home Affairs, New Delhi, (2003).

[37] Constituted by Bureau of Police Research and Development, Ministry of Home Affairs, Government of India, New Delhi.

[38] Constituted by Ministry of Home Affairs, 2007.

[39] One of the important functions of the National Human Rights Commission as provided under Section 12(c) of the Protection of Human Rights Act, 1993 (as amended) by the Protection of Human Rights (Amendment) Act, 2006—No. 43 of 2006) is to “visit notwithstanding anything contained in any other law for the time being in force, any jail or other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmates thereof and make recommendations there one to the Government”. The Commission during the last 16 years undertook visits to a large number of prisons all over the country, enquired into numerous complaints regarding violation of human rights from prisoners and highlighted the need for prison reform in its orders and reports. The Commission time and again reiterated that there is an urgent need for systematic reforms in prisons. (For details please refer proceeding of workshop on detention held on October 11-12-2008, at New Delhi, published by NHRC, New Delhi, 2008. Also refer Annual Reports and a recent publication “Human Rights Best Practices Relating to Criminal Justice in a Nutshell”. Besides above, for details refer “Rights Behind Bars” published by Commonwealth Human Rights Initiative, New Delhi, 2009, www.humanrightsinitiative.org and Annual reports of National Human Rights Commission, New Delhi, www.nhrc.nic.in

[40] LNJN National Institute of Criminology and Forensic Science, Special course on Human Rights in Prison Administration, Ministry of Home Affairs, Government of India, New Delhi.

[1] Obergfell Vs. Hodges, 576 US (215) US. SC.

[2] Hughes (1841) 9C & P 752; G.D.Ghadge, 1980 CrLJ 1380 (Bombay)

[3] Brother John Antony V. State of Tamil Nadu, 1992 CrLJ 1352 (Madras)

[4] A acronyms, initialism & abbreviation dictionary, Volume 1, Part 1 Gale Research Co., 1985 @ IN 978-0-8103-06 Factsheet five, Issue 32-36, Mike Gunderloy, 1989.

[5] Swain, Keith W. (21 June 2007) “Gay Pride Needs New Direction” Denver Post Retrieved 2008-07-05.

[6] Wilcox, Melissa M. (2003, ISBN 0-253-21619-2) “Coming out in Christianity Religion, Identity and Community”, Indiana University.

[7] The 2008 Community Center Survey Report: Assessing the Capacity and Programs of Lesbian, Gay, Bisexual and Transgender Community Centers. August 29, 2008. Terry Stone, Center link (formerly The National Association of Lesbian, Gay, Bisexual and Transgender Community Centers) Report link and National Lesbian & Gay Journalists Association: Stylebook Supplement on LGBT Terminology, NLGIA 2008. Stylebook Supplement.

[8] Shankle, Michael D (2006 ISBN 1-56023-496-2). “The Handbook of Lesbian, Gay, Bisexual and Transgender Public Health: A Practitioner’s Guide to Service”. Howorth Press. Retrieved 2008-07-05.

[9] The Santa Cruz Country in-query, Volume 9, Santa Cruz Lesbian, Gay, Bisexual and Transgender Community Center, 1996. Books.google.com 2008-11-01. Retrieved 2011-10-23.

[10] Argon Angela Pattatuchi (2006 ISBN 1-56023-645-0) “Challenging Lesbian Norms: Intersex, Transgender, Intersexual and Queer perspectives”. Haworth Press. Retrieved 2008-07-05.

[11] “Yogyakarta Principles in Action Activist’s Guide” www.ypinaction.org. Retrieved 2011-10-23.

[12] HIV Awareness and First LGBT March in Pune a Short Report December 22, 2011.

[13] Humjinsi, “A research book on Lesbian, Gay and Bisexual rights in India”, Combat Law Publications (Pvt) Ltd., Mumbai, Revised Edition 2002.

[14] Makadon : Harvey J.; Kenneth H. Mayor, Jennifer Paller. Hilary Goldhammer (2008 ISBN 1-930513-95-X). The Fenway “Guide to Lesbian, Gay, Bisexual and Transgender Health” ACP Press Retrieved 2008-07-05.

[15] Blashus Mark (1994, ISBN 1-56639-173-3) “Gay and Lesbian Politics. Sexuality and the Emergence of a New Ethic”. Temple University Press Retrieved 2008-07-05.

[16] Mohr. Richard D (1988, ISBN 0-231-06735-6). Gay/Justice : “A study of Ethics, Society and Law” Columbia University Press. Retrieved 2008-07-05.

[17] Bloodsworth-Lugo, Mary K (2007, ISBN 0-7914-7221-3) “In between Bodies: Sexual Difference Race and Sexuality”. SUNY Press .

[18] Bohan, Janis S (1996, ISBN 0-415-91514-7). “Psychology and Sexual Orientation: Coming to Terms” .

[19] Navtej Singh Johar & Ors. v. Union of India thr. Secretary Ministry of Law and Justice, W. P. (Crl.) No. 76 of 2016

[1] Constitutional Assembly Debates, 1195 Vol. IX, No.31.

[2] Bachan Singh v. State of Punjab AIR 1982 SC 1325.

[4] Varun ChhaChhar and Arun Singh Negi, Constitutionalism- A Perspective, available at:

http://ssrn.com/abstract=1527888

[5] Keeneth Wheare, Modern Constitutions, 137 (Oxford university Press, London, 1966).

[6] Charles M. Fombad, “Challenges to Constitutionalism and Constitutional Rights in Africa and the Enabling

Role of Political Parties: Lessons and Perspectives from Southern Africa”, 55 AJCL 6 (2007).

[7] Barry R. Weingest and Donald A. Wittman, The Oxford Handbook of Political Economy, 289 (Oxford University

Press, London).

[8] Giovanni Sartori, “Constitutionalism: A Preliminary Discussion”, 56 Am. Pol. SC Rev. 853 (1962).

[10] Constitutional Asembly Debates, 264 Vol. VII, 1948.

[11] Lakshmindra v. The Commissioner, Hindu religious Endowments, AIR 1952 Mad 613.

[12] Brij Kishore Sharma,Introducton to Constitution of India, 67 (PHI Learning Private Limited, New Delhi, 6th edn.

2011).

[13] Prof. Narender Kumar, Constitutional Law of India, 68 (Allahabad Law Agency, Delhi, 6th Ed., 2007).

[14] West Virginia State Board of Education v. Barnette, (1943) 319 U.S. 624.

[16] M. P. Jain, Indian Constitutional Law, 6 (Wadhwa Publications, Nagpur,5th edn, 2006).

[17] P. Sarojini Reddy, Judicial Rewies of Fundamental Rghts, 7 (National Publishing House, Jaipur, 1976).

[18] S.N.Ray, Judicial Review and Fundamental Rights, 126 (Eastern Law House Calcutta. 1974).

[20] Rameshwar Prasad and Ors. v. Union of India (UOI) and Anr. (2006) 2 SCC 1.

[25] Article 32 of The Constitution of India

[26] Article 226 of The Constitution of India

[27] Article 12 of The Constitution of India

[28] Article 13 (2) of The Constitution of India

[29] Jeffery Jowell anf The Rt Hon The Lord Woolf, Principles of Judicial Review, 15 (London Street &Maxwell (1999)

[1] Charles Dickens, A Tale of Two Cities (Penguin Classics, UK, 2003).

[2] Indian Journal of Law and Human Behavior Volume 5 Number 2 (Special Issue), May - August 2019 DOI: http://dx.doi.org/10.21088/ijlhb.2454.7107.5219.8

[3] Mohd. Aqib, Utkarsh Dwivedi. Judiciary and Media Trial: A Need for Balance. Indian J Law Hum Behav. 2019;5(2):155–161.

[4] In The Communication Environment The mass media and popular culture influence social life in different ways. Much of the media research has focused on media content (cf. Comstock 1980).

[5] Sudhanshu Ranjan , Media And Judiciary: Revitalization Of Democracy, Journal of the Indian Law Institute , July-September 2015, Vol. 57, No. 3 (JulySeptember 2015), pp. 415-436 .

[6] Law Commission of India, 200th Report on Trial by Media: Free Speech versus Fair Trial Under Criminal Procedure Code, 1973

[7] Devra C. Moehler and Naunihal Singh, Whose News Do You Trust? Explaining Trust in Private versus Public Media in Africa, Political Research Quarterly , JUNE 2011, Vol. 64, No. 2 (JUNE 2011), pp. 276- 292.

[8] Sudhanshu Ranjan, MEDIA AND JUDICIARY: REVITALIZATION OF DEMOCRACY, Journal of the Indian Law Institute , July-September 2015, Vol. 57, No. 3 (JulySeptember 2015), pp. 415-436 .

[9] Barbie Zelizer, From Home To Public Forum: Media Events And The Public Sphere , Journal of Film and Video , Spring and Summer 1991, Vol. 43, No. 1/2, Audiences (Spring and Summer 1991), pp. 69-79.

[10] Habermas, Jurgen (1996) 'Civil society and the political public sphere', in Jurgen Habermas (translated by William Rehg) Between Facts and Norms: Contributions to a Discourse Theory of Law and Democ racy, Cambridge, MA: MIT Press.

[11] Indian Journal of Law and Human Behavior Volume 5 Number 2 (Special Issue), May - August 2019 DOI: http://dx.doi.org/10.21088/ijlhb.2454.7107.5219.

[14] Mohd. Hussain @ Julfikar Ali v. The State (Govt. Of Nct),Criminal Appeal No. 1091 of 2006.

[15] Government of India, Report on Civil Service Reforms (2004), available at. http:// www.performance.gov.in/ sites/ default/ files/ document/CivilServiceReforms2004.pdf (last visited on Aug.10 , 2015)at 278.

[16] N. Ram, Sectional President's Address: The changing role of the news media in contemporary india, Proceedings Of The Indian History Congress , 2011, Vol. 72, Part-II (2011), Pp. 1289-1310.

[17] Quoted in N.C. Saxena, Administrative Reforms for Retter Governance 13 (National Social Watch, Daanish Books, Delhi, 2012).

[18] Saima Saeed , Negotiating Power: Community Media, Democracy, and the Public Sphere, Development in Practice , Jun., 2009, Vol. 19, No. 4/5 (Jun., 2009), pp. 466-478 .

[19] Right to Privacy in Sting Operations of Media. http://odisha.gov.in/e-magazine/ Orissareview/2013/may/engpdf/57-61.pdf .

[20] N. Ram, Sectional President's Address: THE CHANGING ROLE OF THE NEWS MEDIA IN CONTEMPORARY INDIA, Proceedings of the Indian History Congress , 2011, Vol. 72, PART-II (2011), pp. 1289-1310.

[1] Ahuja, V.K, Law of Copyright and Neighbouring Rights: National and International Perspectives, Lexis Nexis, New Delhi, at P.3, (2007).

[8] Fairey v. Associated Press, 09 Civ. 1123 (AKH) (S.D.N.Y. Aug. 2, 2010)

[3] Shruti Singh, Arrest of persons under CrPC 1973, December 12, 2019 available at https://blog.ipleaders.in/arrest-of-a-person/

[8] Shruti Singh, Arrest of persons under CrPC 1973, December 12, 2019 available at https://blog.ipleaders.in/arrest-of-a-person/

[10] Shruti Singh, Arrest of persons under CrPC 1973, December 12, 2019 available at https://blog.ipleaders.in/arrest-of-a-person/

[13]Kaushal Jaisalmeria, Unfettered Powers of Police and Need for Reforms, August 11, 2020 available at https://www.legalbites.in/unfettered-powers-of-police/

[17] Siddhanth Sharma, The Hyderabad Encounter: Ruling out of the law? May 5, 2020 available at https://www.probono-india.in/blog-detail.php?id=93

[18] Siddhanth Sharma, The Hyderabad Encounter: Ruling out of the law? May 5, 2020 available at https://www.probono-india.in/blog-detail.php?id=93

[19] Siddhanth Sharma, The Hyderabad Encounter: Ruling out of the law? May 5, 2020 available at https://www.probono-india.in/blog-detail.php?id=93

[25] Public Union for Civil Liberties v. Union of India WRIT PETITION (CRL.) NO. 612 OF 1992 (India).

[27] Prakash Kadam v. Ramprasad Vishwanath Gupta, CRIMINAL APPEAL NO. 1174-1178 OF 2011(India).

[29] Prakash Kadam v. Ramprasad Vishwanath Gupta, CRIMINAL APPEAL NO. 1174-1178 OF 2011(India) ¶26

[30] People’s Union for Civil Liberties v. State of Maharashtra (2014) 10 SCC 635.

[31] Vidhi Chouradai, Extra-judicial execution: In light of Vikas Dubey incident, International Journal of Law Management & Humanities, vol 3 issue 4 (2020) available at https://www.ijlmh.com/wp-content/uploads/Extra-Judicial-Execution-In-Light-of-Vikas-Dubey-Incident.pdf

[32] Vidhi Chouradai, Extra-judicial execution: In light of Vikas Dubey incident, International Journal of Law Management & Humanities, vol 3 issue 4 (2020) available at https://www.ijlmh.com/wp-content/uploads/Extra-Judicial-Execution-In-Light-of-Vikas-Dubey-Incident.pdf

[33] Collins Dictionary, Investigation (last seen October 29, 2022) available at https://www.collinsdictionary.com/dictionary/english/investigation

[39] Vanya Verma, Difference between Police custody and judicial custody under CrPC, April 30, 2020 available at https://blog.ipleaders.in/differene-police-custody-judicial-custody-crpc/#Introduction

[42] Abhinav Ashok, The abuse of police power and police brutality, July 18, 2020 available at https://www.legalbites.in/abuse-of-police-power-police-brutality

[43] Abhinav Ashok, The abuse of police power and police brutality, July 18, 2020 available at https://www.legalbites.in/abuse-of-police-power-police-brutality

[44] Abhinav Ashok, The abuse of police power and police brutality, July 18, 2020 available at https://www.legalbites.in/abuse-of-police-power-police-brutality

[45] The News Minute, Sathankulam Custodial deaths: Accused inspector Sridhar claims threat to life, May 5, 2022 available at https://www.thenewsminute.com/article/sathankulam-custodial-deaths-accused-inspector-sridhar-claims-threat-life-163615

[46] DK Basu v. State of West Bengal (1997) 1 SCC 416 (India)

[49] Kaushal Jaisalmeria, Unfettered Powers of Police and Need for Reforms, August 11, 2020 available at https://www.legalbites.in/unfettered-powers-of-police/

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[13]Kaushal Jaisalmeria, Unfettered Powers of Police and Need for Reforms, August 11, 2020 available at https://www.legalbites.in/unfettered-powers-of-police/

[49] Kaushal Jaisalmeria, Unfettered Powers of Police and Need for Reforms, August 11, 2020 available at https://www.legalbites.in/unfettered-powers-of-police/