apex Court thereafter laid down the rare exceptions to the rule against
handcuffing in the following words :‐
"25. The only circumstance which validates incapacitation ... down by the apex Court as rare exceptions to the rule
against handcuffing. It is not a case where the under trial prisoner
Constitutional right by the
protestors and order Respondent No.1 remove the Delhi Police
Commissioner for his failure in protecting constitutionally
guaranteed rights of protestors ... their failure in containing crimes against
women in Delhi.
l. Issue an order directing the FIR against the eight accused
persons in the instant case
Constitutional right by the
protestors and order Respondent No.1 remove the Delhi Police
Commissioner for his failure in protecting constitutionally
guaranteed rights of protestors ... their failure in containing crimes against
women in Delhi.
l. Issue an order directing the FIR against the eight accused
persons in the instant case
claim to be either victims, or by those who profess to be against the terrorist groups. Therefore, physical safety of the petitioners is of utmost ... against the petitioners. Further if, indeed, the learned Judge were biased against the petitioners, then he would have allowed the first application for their handcuffing
paraded in the street in a
handcuffed state. He submits that there was absolutely no justification
for handcuffing and parading of the petitioner as there ... clear guidelines as to in what cases,
exceptional as they would be, handcuffing of an under-trial person or
prisoner is permissible. He further argued
perused and that prima facie case is made out to proceed against the accused
https://www.mhc.tn.gov.in/judis ... complaint before the Human Rights
Commission for the same incident and the same was also dismissed by the
Human Rights Commission. It is admitted
Very few of them are caught. This kind of violation of Human
Rights is going on in day in and day out in many parts ... particular about punishing them but, particular about vindication
of Human Rights and respect for human values. The learned counsel added that
instead of punishing them
handcuffed and taken to the Court. He submits that the
complaint filed by the petitioners before the State Human Rights
Commission is already dismissed ... both the criminal cases registered against the
petitioners have ended up in their acquittal. As the petitioners'
human rights are violated, as their reputation
Ibrahim Musa Chauhan @ Baba Chauhan vs State Of Maharashtra on 21 March, 2013
Equivalent citations
Km. Seema Azad vs State Of U.P. on 22 April, 2013
Bench: Rajiv Sharma