The Sampadak Express News Desk
The Andhra Pradesh High Court has described custodial torture as “a calculated assault on human dignity” and said the Gade Sai Krishna custodial death case presented an “extraordinary” situation warranting a Central Bureau of Investigation (CBI) probe. A Division Bench of Justices Ravinath Tilhari and Alapati Giridhar made the observations while setting out the State’s duty to ensure human rights and fair, impartial investigations, including against its own officers, according to The Hindu on October 17, 2026.
The court underlined that the State must enforce the human rights of citizens and guarantee an unbiased probe into cognizable offences, regardless of the accused’s status. It added that protection is not limited to victims or accused persons: “In certain situations, even a witness to a crime may seek protection, and [they] should be granted protection by the State.”
Calling custodial torture a naked violation of human dignity that degrades and destroys individual personality, the Bench said such abuse pushes civilisation “a step backwards.” The judges emphasised that accountability for custodial violence requires both immediate remedial action and systemic reform to remove root causes.
Addressing the scope of court-directed investigations, the Bench noted that while the Special Police Act (SPA) enables the CBI to take up cases within a State’s jurisdiction with that State’s consent, the High Court retains constitutional authority to order a CBI probe in appropriate cases. “The power of the HC under Article 226 of the Constitution cannot be taken away, curtailed or diluted by Section 6 of the SPA. Therefore, the exercise of the power of judicial review by the HC does not amount to infringement of either the doctrine of separation of powers or the federal structure,” the judges said. They added that the Sai Krishna matter was precisely the kind of extraordinary situation that justified such intervention.
On policy responses, the court said custodial violence must be tackled from two ends: through remedial measures, including compensation, and by eliminating the conditions that enable abuse. It recommended a reorientation of police training to instil recognition of and respect for human rights, and continuous oversight of lower-level officers to ensure adherence to lawful investigation methods.
To improve transparency and reduce opportunities for manipulation, the Bench suggested simple, foolproof procedures for prompt registration of first information reports (FIRs) across all crimes. It also called for modern record-keeping systems that prevent insertions, substitutions or antedating in key documents, including FIRs, inquest proceedings and post-mortem reports.
The Bench’s observations collectively affirm judicial power to ensure credible investigations, endorse protective measures for victims and witnesses, and outline concrete steps to prevent custodial abuse while providing remedies where it occurs.
