Question:- “Defence of State immunity not available where fundamental rights are violated.” Elaborate on this statement citing important case laws in this regard.
Answer:- In many cases Defence of State immunity is not available where fundamental rights are violated. The decisions of the Supreme Court in the area of personal liberty have further attenuated the sphere of sovereign immunity. The wrongdoer is accountable and the State is responsible if the person in custody of police is deprived of … Read more