Jammu and Kashmir Court tells Govt -Don’t handcuff under-trials

Posted: March 30, 2013 in Conflict and Peace, Human Rights
Tags: , , , , , , ,

Asks DGP To Ensure Compliance Of Apex Court Directive
GK NEWS NETWORK

Jammu, Mar 29: Taking strong note of the practice adopted by police to handcuff under-trails, a court here has directed Director General of Police (DGP) to ensure compliance of Supreme Court directive in this regard.
Principal Sessions Judge Jammu Kartar Singh issued the direction after observing that several applications have been filed by the under-trails with the prayer to direct police not to handcuff them.
“It is now settled law of the country that handcuffing of the under-trial prisoners is in violation of Article-21 of the Constitution; as it is inhuman and not permissible in civilized society”, the court observed adding that unfortunately the under trial prisoners were being brought to the courts in handcuffs.
“It may be due to the reason that the lawful agencies are ignorant about the law of the country or they are doing it arbitrarily and intentionally and thus committing human rights violation of under trial prisoners”, the court observed adding, “Law enforcing agencies are assisted and guided by the prosecuting wing which is well-versed in law and for the said reason, the courts are not going to accept any excuse in future”.
“The Supreme Court has time and again deprecated practice of handcuffing of accused or under-trials without prior permission from the court concerned or any judicial magistrate and flouting of such directions amounts to contempt for which the law enforcing agencies are accountable and it may also amount to violation of human rights of a person”.
The court directed the state’s Director General of Police to issue appropriate administrative directions in this regard to subordinate officers and officials.

 

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