HC directs Assam govt, cops to pay Rs 5 lakh to lawyer for wrongfully handcuffing him
The court also observed that it is high time that the Assam Police manual is amended by the authorities concerned
Guwahati: In a significant order the Gauhati high court has directed the Assam government and the state police to pay a compensation of Rs 5 lakh to a lawyer for handcuffing him without the permission of the magistrate, which the court said “demeans his dignity and prestige.”
In a writ petition filed by advocate Sabah Al Zarid, Justice Devashis Baruah observed, “The petitioner is an advocate and handcuffing and parading him by taking him to the court, and thereafter back to the jail with iron fetters, that too without just cause being shown, not only violates the human rights of the petitioner guaranteed under Article 21 of the Constitution but also demeans his dignity and prestige to carry out his profession of advocacy.”
Stating that no amount of compensation was sufficient to restore the loss of prestige and dignity of the petitioner, the court directed the state government and state police to pay Rs 5 lakh to the petitioner after considering the loss suffered by him and taking into account some amount of compensation to be imposed upon the state government and the police as a deterrent.
While pronouncing the judgement the court also observed that it is high time that the Assam Police manual is amended by the authorities concerned so that the principles laid down by the Supreme Court on handcuffing a person are incorporated in it. The judge further stated that “the court believes and expects that the authorities concerned would very soon take note of the suggestion made herein and do the needful.”
The lawyer was arrested on October 5, 2016 based on an FIR lodged by a home guard constable of Assam Police, Faizul Haque, alleging that he was manhandled by the lawyer after he did not allow the lawyer to park his car near Haque’s residence. The next day, the lawyer was taken to the Mahendra Mohan Choudhury Hospital for a medical check-up in a handcuffed condition. Thereafter, he was taken to the court of Chief Judicial Magistrate, Kamrup (Metro) for production in a handcuffed condition. He was even taken to the Guwahati Central Jail at Lokhra, which is about 20km from the police station, after the lower court sent him to judicial custody in the same condition.