Mr. Sanjay owned a small factory in Pune. In 2023, he was fined ₹50,000 by the Pollution Control Board for releasing untreated waste water into a nearby river. At that time, the law was to fine for such violations. Sanja
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2025
Mr. Sanjay owned a small factory in Pune. In 2023, he was fined ₹50,000 by the Pollution Control Board for releasing untreated waste water into a nearby river. At that time, the law was to fine for such violations. Sanjay paid the fine and the case was closed. In 2024, the State Legislature amended the Environmental Law. Now the same offence carries mandatory imprisonment of one year along with fine. The authorities reopened Sanjay's old case and issued a warrant for his arrest under the new law even though the offence took place before the change. Police took Sanjay into custody and kept him in the police station for three days without producing him in front of a magistrate. During questioning, the officers forced him to give thumb impression and voice sample, arguing that it did not require his consent as they were not 'statements'. Sanjay was suffering from severe asthma. While in custody, he had a serious asthma attack but no proper medical care was provided. He collapsed finally before being taken to a hospital. Sanjay's family went to the High Court pleading that his fundamental rights under Article 20, 21 and 22 of the Constitution were violated. The State pleaded that the new law was necessary for public interest and environmental safety. Based on the above situation answer the following questions: (i) Whether opening of Sanjay's old case under the amended law violates his fundamental rights under the Indian Constitution? Explain.
Answer & Explanation:
Article 20(1) of the Constitution of India provides protection against ex post facto criminal laws. According to Article 20(1), no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. Therefore, Sanjay cannot be punished with imprisonment for an act that, when committed, only attracted a fine. In view of this, it may be said that opening of Sanjay's old case under the amended law violates his fundamental rights under the Indian Constitution.
Topics: Constitutional Law
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