Delhi District Court
Gajender Singh vs The State (Govt. Of Nct Of Delhi) on 5 March, 2012
IN THE COURT OF SH. T.S. KASHYAP
ADDITIONAL SESSIONS JUDGE-04, NORTH-EAST DISTT
KARKARDOOMA COURTS, DELHI
Criminal Revision No. 02/2012
Unique I.D. No. 02402R0052192012
In the matter of :
GAJENDER SINGH
S/o Sh. Om Prakash
R/o H. No. 4321, Badi Basti,
Basant Road, Pahar Ganj, Delhi. ........Revisionist/Applicant
VS.
THE STATE (Govt. of NCT of Delhi) .......................Respondent
Date of Institution : 21.02.2012
Date of reserving the Judgment in Appeal : 02.03.2012
Date of pronouncement : 05.03.2012
ORDER
1. This order dispose off the revision petition u/s 397 & 399 Cr.PC, preferred by the revisionist Gajender Singh against the impugned order dated 13.12.2011, passed by Sh. Jitendra Singh, Ld. MM, Karkardooma Courts, Delhi, in case FIR No. 100/2005, u/s 25/54/59 Arms Act, PS New Usmanpur, Delhi.
2. I have heard submissions and gone through the record. On behalf of applicant/revisionist, it has been submitted by Ld. Counsel that revisionist was facing trial in case FIR No. 100/2005 Criminal Revision No. 02/2012, Page No. 1 before Ld. MM who gave the direction for handcuffs and fetters. Applicant/revisionist was produced before Ld. Trial Court and he was kept handcuffed and in fetters throughout the day and had also suffered multiple injuries on falling down on the road. Applicant is also kept in handcuffs and fetters in jail where he is badly tortured and it is difficult for him to carryout his day to day activities. Applicant moved an application dated 29.10.2011 before Ld. MM for removal of handcuffs and fetters but his application was dismissed by Ld. MM vide impugned order dated 13.12.2011. Ld. Counsel for the applicant/revisionist further submitted that applicant/revisionist is also facing trial in two other cases, (1) FIR No. 11/2009, u/s 307/34 IPC, PS Special Cell, and (2) FIR No. 27/2009, u/s 3 MCOCA. However, due to order passed by Ld. MM, he is still being kept in handcuffs and fetters, even though, he has been acquitted by Ld. MM in case FIR No. 100/2005, PS New Usmanpur vide order dated 29.10.2011 and therefore, there was no justification for dismissal of the application for removal of the handcuffs and fetters vide order dated 13.12.2011. Ld. Counsel has relied on the authority reported as 'Prem Shankar Vs. Delhi Admn., AIR 1980 SC 1535'.
3. Ld. Addl. PP on the other hand has submitted that as per the Prison Act, the Jail Authorities have the powers to use handcuffs and fetters to secure any prisoner in emergent situation for reasons to be recorded in writing and under intimation to the Ld. District & Sessions Judge within 24 hours on using such handcuffs or fetters. Ld. Addl. PP also submitted that report from Superintendent of Jail has been called which discloses the gross Criminal Revision No. 02/2012, Page No. 2 misconduct of the applicant and Jail Authorities have given the reasons for putting handcuffs and fetters on account of misconduct and disorderly behaviour of the applicant in jail premises and the details have been enumerated in the report submitted to Ld. MM. The report also shows that jail authority have also apprised Ld. District & Sessions Judge and therefore, Ld. Addl. PP has supported the impugned order.
4. I have carefully gone through the case file and the report submitted by Superintendent of Jail. Section 55 & 56 of The Delhi Prison Act, 2000, empowers the Superintendent of Jail to punish and put handcuffs and fetters in emergent situation to secure any prisoner for the reasons to be recorded in writing and under intimation to the Ld. District & Sessions Judge within 24 hours on using such handcuffs or fetters. Record also shows that Jail Authorities had obtained the approval of Ld. MM for continuing the handcuffs and fetters on applicant vide order dated 24.09.2011 when liberty was given to the accused Gajender @ Banner to explain but he could not give any satisfactory reply to Ld. MM. However, vide judgment dated 29.10.2011, applicant (the then accused) Gajender @ Banner was acquitted in case FIR No. 100/2005, u/s 25/54/59 Arms Act, PS New Usmanpur, and therefore, on behalf of applicant, an application for removal of fetters and handcuffs was moved which was dismissed by Ld. MM vide impugned order dated 13.12.2011. In my considered view, since the accused has been acquitted in case FIR No. 100/2005, PS New Usmanpur, Ld. MM no more required the presence of applicant Gajender @ Banner in court and therefore, Jail Authorities cannot use the order of Criminal Revision No. 02/2012, Page No. 3 handcuffs and fetters, passed by Ld. MM for putting handcuffs and fetters on the applicant who is also accused in two other cases i.e. (1) FIR No. 11/2009, u/s 307/34 IPC, PS Special Cell, and (2) FIR No. 27/2009, u/s 3 MCOCA.
5. Since the applicant is no more required in the court of Ld. MM in case FIR No. 100/2005, PS New Usmanpur, there is no justification for continuation of handcuffs and fetters on him and therefore, impugned order dated 13.12.2011, deserves to be set aside and is accordingly set aside. Revision petition is disposed off accordingly.
6. Superintendent/ Jail Authorities shall be at liberty to make request in this regard, if any before Ld. Courts concerned in which other two cases of the applicant/revisionist are pending trial. Copy of order be sent to Ld. MM for information. A copy of order be also sent to Superintendent of Jail, Tihar, Delhi, for compliance. Trial court record be sent back. Revision file be consigned to record room.
Announced in the open court T.S. KASHYAP
today i.e on 05.03.2012 ASJ-04/NORTH-EAST/DELHI
Criminal Revision No. 02/2012, Page No. 4