X v. Union of India, 2025
The case raises serious constitutional concerns relating to custodial safeguards and professional freedom of advocates.
Judgement Details
Court
Supreme Court of India
Date of Decision
19 December 2025
Judges
Justice Vikram Nath & Justice N. V. Anjaria
Citation
Acts / Provisions
Facts of the Case
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The petitioner is a practicing woman advocate, enrolled with the Shahdara Bar Association, Delhi.
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On the night of 3 December 2025, she went to Police Station Noida Sector 126 in professional attire to assist her client.
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Her client had allegedly suffered serious head injuries and sought registration of an FIR, supported by a medico-legal certificate.
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The police allegedly refused to register the FIR despite medical evidence.
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The petitioner alleges that persons associated with ABP News, against whom her client sought action, were given preferential treatment by police officials.
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She claims she was unlawfully detained from around 12:30 a.m. on 4 December until about 2:00 p.m. the same day.
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The detention allegedly took place without an arrest memo, judicial authorization, or compliance with statutory safeguards.
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The petitioner alleges violations of Section 46(4) CrPC, which restricts arrest of women during night hours.
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She further alleges custodial sexual assault, physical manhandling, coercion, threats, and intimidation by police personnel.
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It is alleged that she was denied food, water, legal assistance, and access to family members during detention.
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The petitioner claims that police officials forcibly accessed her mobile phone and deleted digital evidence.
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She also alleges that CCTV cameras were disabled or removed in violation of Supreme Court directions.
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After release, she submitted complaints to senior police authorities and the National Human Rights Commission (NHRC).
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The NHRC registered the complaint under custodial violence by police, but no FIR has yet been registered.
Issues
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Whether the alleged overnight detention of a woman advocate violates Articles 14, 19, 21, and 22 of the Constitution?
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Whether non-compliance with Section 46(4) CrPC and custodial safeguards constitutes illegal detention?
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Whether the allegations disclose custodial violence requiring independent investigation?
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Whether nationwide guidelines are required for the safety and protection of women advocates?
Judgement
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The Supreme Court issued notice to the Union of India on the writ petition.
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The notice was made returnable on 7 January 2026.
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The Court took cognizance of allegations involving illegal detention and custodial violence.
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No findings on merits were recorded at this stage.
Held
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The Court has not adjudicated the merits of the allegations.
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The issuance of notice indicates that the Court found the plea worthy of consideration.
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The matter remains pending for further hearing.
Analysis
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The case raises serious constitutional concerns relating to custodial safeguards and professional freedom of advocates.
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Alleged violations of Section 46(4) CrPC highlight systemic issues in compliance with protections afforded to women.
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Reference to DK Basu and Sheela Barse underscores the continuing relevance of custodial jurisprudence.
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Alleged non-functioning of CCTV cameras directly implicates compliance with Paramvir Singh Saini.
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The plea seeks structural and preventive guidelines, not merely individual relief.
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The matter has potential implications for nationwide safety standards for women advocates.
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Final legal impact will depend on findings after notice and responses from authorities.