Prison torture is a calculated attack on human dignity, says Andhra Pradesh High Court in Sai Krishna case

High Court of Andhra Pradesh at Amaravati. File | Photo credit: GN Rao

The Andhra Pradesh High Court (HC) ruled in the Gade Sai Krishna custodial death case that the state has a duty to uphold the human rights of citizens and ensure a fair and impartial investigation against any person accused of committing a cognizable offence, which may include its own officers.

“In certain situations, even a witness to a crime can seek protection and (should) be given protection by the State,” a division bench comprising Justices Ravinath Tilhari and Alapati Giridhar observed while opining that custodial torture is a flagrant violation of human dignity and degradation and destroys the personality of an individual.

“It is a calculated attack on human dignity, and whenever human dignity is wounded, civilization takes a step back,” they said.

The judges noted that when the Special Police Act (SPA) itself provided for the CBI to take up the investigation of a crime otherwise under the jurisdiction of the local (AP) police with the consent of the state, the court can also exercise its constitutional power of judicial review and direct the CBI to investigate cases that fall under the jurisdiction of the state.

“The power of the HK under Article 226 of the Constitution cannot be taken away, limited or mitigated by Section 6 of the SPA. Therefore, the exercise of judicial review by the KS is not a violation of the separation of powers doctrine or the federal structure,” the judges said. Besides, the court said that the Sai Krishna case presented an extraordinary situation that warranted a CBI investigation.

Regarding violence in custody, the court said that it needs to be addressed from two sides: by taking measures that are remedial, including the award of compensation, and by eliminating the very causes of the violence.

He suggested that the following steps, among others, could prove to be effective preventive measures: reorientation of police training that brings the mindset required to recognize and respect human rights, continuous monitoring of the functioning of junior police officers to ensure compliance with lawful methods of investigation, introduction of simple and reliable procedures for speedy registration of FIRs relating to all crimes and equipping the police with modern methods of evidence and evasion, embedding and evasion of investigations court proceedings, postmortem reports and the like.

Published – 17 Oct 2026 15:43 IST