Telangana HC Issues Notices Against Routine Handcuffing of Accused Persons
HYDERABAD: A division bench of the Telangana High Court comprising Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti on Tuesday issued notices to the Telangana government and state police to respond on the practice of police in handcuffing accused persons before producing them magistrates, in blatant violation their human rights and of Supreme Court judgments.
On several occasions, the apex court has observed that when there is no compulsive need to fetter a person’s limbs, “it is sadistic, capricious, despotic and demoralising to humble a man by manacling him.“ The Supreme Court also made it clear that the escorting officer must show reasons to the presiding judge on why the accused had been handcuffed and get the judge’s approval for the same.
Violating the Supreme Court orders, the police were handcuffing accused persons in a routine manner. However, the police personnel take the handcuffs off the accused persons before their entry to the court hall. Such an instance was witnessed by senior advocate L. Ravichander, while he was appearing before the magistrate court at Kukatpally on Monday.
Senior counsel immediately brought the issue to the notice of Chief Justice Aradhe of the Telangana High Court by addressing a letter and attaching the photographs showing the handcuffing of three accused persons. Ravichander urged the Chief Justice to issue necessary orders to the government and police to not violate the human rights and Supreme Court orders.
Based on the letter, the High Court took it as a PIL and on Tuesday heard the matter.
The division bench issued notices to the Chief Secretary, law secretary, legal affairs, and legislative affairs and justice, principal secretary, home, DGP, DG Prisons and the police commissioners of Hyderabad and Cyberabad. They were directed to respond to the notices within six weeks.