party to
obtain orders of Court.
Constitution of India, 1950-- Article 32-- Handcuffing and
parading of offenders; escort party to record and intimate
reasons ... subjected to torture and treated in a degrading and inhuman
manner by handcuffing and parading them through the public
thoroughfare during transit to the Court
authority of court.
Chief Judicial Magistrate--Assaulted, arrested on flimsy
grounds, handcuffed, tied with rope, photographs taken and
published by Police Officers--Held constituted clear ... public justice--Not to protect Judges
personally.
Police Officers assaulting, arresting and handcuffing
Chief Judicial Magistrate--Publishing photographs in news-
papers--Held constituted criminal contempt
language,
to say that the "better class under-trial be not handcuffed
without recording the reasons in the daily diary for
considering the necessity ... from court" means that ordinary Indian
under-trials shall be rentively handcuffed during transit
between jail and court auld the better class prisoner
custodian. And if he fails, he will be liable in law. Reckless
handcuffing and chaining in public degrades, puts to shame finer
sensibilities ... guidelines laid down by this Court and the directions issued repeatedly
regarding handcuffing of under-trials and convicts are not being followed
by the police
petitioner Khemla Aujanharia was
arrested by the Alirajpur Police and was handcuffed and
paraded throughout the town by the police. Thereafter the
police registered another ... Alirajpur where they were beaten in police ,custody. They
were then handcuffed and paraded in the streets of
Alirajpur. Concerning this, Rahul
have examined
at length the question relating to the legality of handcuffing and found
that the same in inhumane, unreasonable and harsh. The Apex Court ... Courts dealing with under-trial prisoners
with a view to prevent handcuffing and declared that freedom from
handcuff is the rule and handcuffing an exception
contemner) admitted that he had brought the undertrial accused person handcuffed from jail to the Court. On this incident, in the opinion of the learned ... breaches of the directions of the Supreme Court in the matter of handcuffing the undertrial prisoners. In his report he states :
"I have noticed
Prem Shankar Shukla Vs. Delhi Administration (AIR 1980 SC 1535) declared that
handcuffing of an under trial prisoner or keeping him in prison fetters/chains ... follow the guidelines of the
Supreme Court in the matter of handcuffing and/or chaining. A direction for
judicial enquiry into the alleged incident
petition that the guidelines of the Supreme Court relating to handcuffing of prisoners is not being followed.
3. It is relevant to note that ... considered order on 7-11-2001 on the issue of permitting the handcuffing of the accused only for the limited period of their transit from
centres round the arrest of Nitaben during night hours and allegations of handcuffing and parading of Nitaben and her husband in the village by police ... taken to the police station of that village and then they were handcuffed. Their hands were tied up with ropes and they were made
