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15. As regards handcuffing it is stated as follows:

"The petitioner have alleged that the members of the Organisation had been handcuffed by the local Administration. It is so because the handcuffing could not be avoided in view of the previous history of their indulging in crime. They not only tried to abscond but also absconded successfully and it took almost 15 days' time to arrest all of them. To avoid the process of law to take its natural course the accused persons had escaped to Indore through tedious route requiring 15 to 20 kms walk. At Indore they held Press Conference and throughout Press Conference the police kept patience and allowed them to complete. After the Press Conference was over police tried to arrest the culprits but all of them attempted to run away. Mr Rahul and Mrs Amita succeeded in running away and therefore there was ample evidence that they are not law- abiding citizens and they would have run away to avoid arrest at any cost. While under police custody at Alirajpur they raised highly inflammatory and inciting slogans. Ms Medha Patkar in public speech at Alirajpur threatened the Administration that local tribals will take up arms and the Naxalism will come in the area. Further the distance of police station and court is about 1-1/2 kms and there are two routes to the police station both going through the town. None of the police stations in the Madhya Pradesh is provided with any vehicle even half of the gazetted officers are not having vehicles. Therefore, in this background, the Escort Commander apprehended serious danger and therefore keeping in mind the security, the accused persons were handcuffed. Even the accused persons were produced before the learned Judicial Magistrate in handcuffs and by granting police remand the learned Magistrate keeping in view the nature of offence committed by themimpliedly approved of the action of handcuffing."
'You police don't know how to beat properly. I will show you how it's done.' In a signed statement, Khemla described what happened:
Vinod Kumar unlocked my handcuffs and then with the aid of Policeman Bhoi and Town Inspector Ansari, grabbed my hair, threw me on my stomach on the ground, scissored my legs and arched it (sic) over my back and then proceeded to sit on them. At the SDO (P)'s behest he (SDM Kumar) left me, then turned me over, tied my legs to a bench and I was hit on my soles with a stick around 20 times. He (Kumar) told me:

31.Shri B.K. Nigam, Judicial Magistrate, First Class, Alirajpur, District Jhabua denies allegations made against him by Dr Amita Baviskar in her affidavit dated 1-6-1993. He denies having stated that the Supreme Court decision in relation to handcuffing has no relevance and the police has the right to transport the accused as they want (with or without handcuffs). He tenders his apology for any lapse on his part. The stand of Shri Nigam is supported by the Advocates. By his statement dated 18-9-1993 he again tenders his unqualified apology for the lapse on his part when the undertrial prisoners were produced in handcuffs in this Court immediate action for the removal of the handcuffs and against the escort party for taking them in Court in handcuffs was not taken.

In the same case at (SCR) pages 875-876 it was held as under: (SCC pp. 539-40, para 30) 1 (1980) 3 SCC 526: 1980 SCC (Cri) 815 : (1980) 3 SCR 855 "Even in cases where, in extreme circumstances, handcuffs have to be put on the prisoner, the escorting authority must record contemporaneously the reasons for doing so. Otherwise, under Article 21 the procedure will be unfair and bad in law. Nor will mere recording the reasons do, as that can be a mechanical process mindlessly made. The escorting officer, whenever he handcuffs a prisoner produced in court, must show the reasons so recorded to the Presiding Judge and get his approval. Otherwise, there is no control over possible arbitrariness in applying handcuffs and fetters. The minions of the police establishment must make good their security recipes by getting judicial approval. And, once the court directs that handcuffs shall be off, no escorting authority can overrule judicial direction. This is implicit in Article 21 which insists upon fairness, reasonableness and justice in the very procedure which authorises stringent deprivation of life and liberty."