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The Counter-affidavit is filed by one R.K. Shivhare, the then SHO (Police), Itarsi, Hoshangabad District on behalf of the respondents giving a detailed version about the incident leading to the registration of various cases and justifying the conduct of the police officials in handcuffing the petitioners. Alongwith this affidavit, he has filed Annex- ures I to VI. He justifies the action of the police stating that the petitioners on pronouncement of their conviction, got agitated, turned violent and shouted slogans inside the Court which necessitated the escort police to handcuff the petitioners. He cites Madhya Pradesh Police Regulation para No. 465(1) as per which if the escort in-charge feels the necessity of handcuffing persons, he is empowered to do so. However, he denies allegations of torture, obscene gestures etc. A copy of the police report dated nil and without dis- closing the author of the same is filed stating that while first and second petitioners were taken to the prison on their conviction, they turned violent not only inside the Court but also outside the Court and they were taken to the orison with the help of other members of the police force. The Deputy Superintendent of Police, Headquarters, Hoshanga- bad has filed a separate counter-affidavit denying the allegations made in the writ petition. A rejoinder is filed by the first petitioner reiterating his earlier stand and annexing certain newspaper clippings and some other docu- ments inclusive of the copy of the judgment of the IInd Additional Sessions Judge, Hoshangabad made in Criminal Appeal No. 59 of 1989 setting aside the conviction of the petitioners recorded by the Judicial Magistrate for the offences under Section 186 IPC, and acquitting the petition- ers of the said offence. Head Constable No. 66, who was incharge of the escort party has sworn to an affidavit stating that the petitioners 1 and 2 were taken to the jail on being handed over by the Court after their conviction and they took them to the prison by handcuffing them under a bona fide belief that the situation might become worse. He also cites paragraph 465(1) of the M.P. Police Regulation in support of his action of putting the petitioners 1 to 3 under shackles. One other supporting affidavit is also filed by a constable of the escort party. It seems that a Sub- Inspector of CID made an enquiry on a petition regarding the handcuffing of petitioners 1 and 2 and submitted his report to the Superintendent of Police. The relevant portion of the report reads as follows:

1. After pronouncement of the judgment in criminal case No. 248/88 arising out of crime No. 52/88 registered under sections 186 and 447 IPC, the petitioners 1 to 3 on their conviction got agitated, turned violent and shouted slogans outside and inside the Court and in such turbulent circum-

stances, the escort party felt that it was necessary to handcuff the petitioners.

2. Paragraph 465(1) of Part III dealing with escorting of arrested and convicted persons (including political persons) falling under Chapter VII of Madhya Pradesh Police Regula- tions captioned 'Protection and Escort' empowers the escort police to handcuff the arrested or convicted persons if the escort police feels the necessity.

"This act is incorrect, firstly neither myself nor Raj Narain did shout any slogan in the Court though I was hand- cuffed in the Court itself but the handcuffing was not done with the consent of the Magistrate nor it was done under his direction. Raj Narain was taken to jail on 21st April, 1989 and was brought in the Court on 22nd April 1989 under hand- cuffs from the jail itself to Court lock-up and then taken under handcuffs in the Court itself in the presence of the Magistrate."

Coming to the Regulation relied upon by the police, we would like to reproduce the relevant instructions of the Madhya Pradesh Police Regulation hereunder for proper under- standing the plea of justification.

'M.P. Police Regulation CHAPTER VII Protection and Escort Part III-Escorting of the arrested and convicted per- sons (including political persons)

465. When to use handcuffs Handcuffing will be resorted to only when it is necessary. Its use will be regulated by following instructions. Instructions regarding use of handcuffs (1) When a prisoner is to be taken from court to jail or jail to court in the custody; the Magistrate or the Jail Superintendent should give instructions in writing as to whether the prisoner will be handcuffed or not and the escort commander will follow the instructions but when the instructions are for not to handcuff the prisoner and thereafter, due to some reasons if the escort commander feels that it is necessary to handcuff the prisoner, he should do so inspite of the instructions to the contrary. (2) (1) ...............