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Violation of the Guidelines of the Supreme Court regarding handcuff
09-Jan-2023 (In Criminal Law)
I was illegally handcuffed by punjab police in a dowry case. I have got the copy of DDR where it has been entered that I was handcuffed in January 2009. Before the trial court during cross examination in June 2014 the IO admitted I was handcuffed but he had no reply, why? Then I filed COCP in High Court of Pb & Hry in Nov 2014 but the same was disposed of being barred by limitation. depite the fact I O has admitted before the trial court in June 2014 and COCP was filed in NOv 2014. Recently there was one news item in TOI that the Supreme Court has accepted one COCP on similar grounds against Bihar Police where one Navy Captain was handcuffed. High Court of Patna Bihar refused to entertain the COCP on the same grounds that the matter os more than one year old so barred by limitation. But the Supreme Court has issued notice laying down that there is no limitation in such cases. Humble request if you can provide me the details of that case or case number so that I can file my COCP. Tnx
Hi, it was issued in the case DK Basu vs State of WB also.
Insurance against escape does not compulsorily require handcuffing. There are other measures whereby an escort can keep safe custody without the indignity and cruelty implicit in handcuffs or either iron contraptions… Further to handcuff is to punish humiliatingly and to vulgarise the viewers also. Iron straps are insult and pain writ large, animalising victim and keeper. Since there are other ways of ensuring security, it can be laid down as a rule that handcuffs or other fetter shall not be forced on the person of an undertrial ordinarily.”
“So it is that to be consistent with Articles 14 and 19 handcuffs must be the last refuge, not the routine regimen. If a close watch by armed policemen will do, then no handcuffs (are needed),
Insurance against escape does not compulsorily require handcuffing. There are other measures whereby an escort can keep safe custody without the indignity and cruelty implicit in handcuffs or either iron contraptions… Further to handcuff is to punish humiliatingly and to vulgarise the viewers also. Iron straps are insult and pain writ large, animalising victim and keeper. Since there are other ways of ensuring security, it can be laid down as a rule that handcuffs or other fetter shall not be forced on the person of an undertrial ordinarily.”
“So it is that to be consistent with Articles 14 and 19 handcuffs must be the last refuge, not the routine regimen. If a close watch by armed policemen will do, then no handcuffs (are needed),
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Adv. Ganesh Singh
Delhi | 500+ Answers
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For this purpose you have to show what is illegality Oru irregularity occurred during police investigation as well as during trial until you will not establish any illegality irregularity which may be present in your case it will be difficult for you to get relief
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Adv. Siddharth Dev
Delhi | 200+ Answers
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In Ashish Vs. State of Bihar and others order dated 1st August the Bench of Justice Kurien Joseph and R.F. Nariman issued notice to the respondents in a delayed case of handcuffing. This case will help you. If you need i have got copy of the order of the Hon'ble Supreme Court.
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Adv. Prakash Khandelwal
Delhi | 25+ Answers
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