Court issues directions to DGP on hand-cuffing of under-trials

Excelsior Correspondent
JAMMU, Mar 29: Principal Sessions Judge Jammu, Kartar Singh today directed the Director General of Police (DGP) to pass appropriate administrative directions to the subordinate officers and officials on hand- cuffing under-trials.
The directions were issued after a number of applications were received in Principal Sessions Court mentioning that the under trials were being brought to the court in hand cuffs despite the fact that handcuffing of the under trials is the violation of Article 21 of the Constitution.
After hearing both the sides and going through the various judgments of the Supreme Court, Principal Sessions Judge observed, “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 thus committing human right violation of under trial prisoners”, adding “whatever the reason may be, the ignorance of law is no excuse because the 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 given guidelines in number of cases deprecating the handcuffing of the accused”.
“The 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”, Principal Sessions Judge said, adding “to ensure that such directions are not flouted appropriate administrative directions be passed in this direction by Director General of Police to subordinate officers and officials. The copies of this order be sent to Director General of Police, Inspector General of Police Jammu, Senior Superintendent of Police Jammu, Superintendent District Jail Ambphalla and Superintendent Central Jail Kot Bhalwal for information and compliance”.
The Court also directed that the copies of the order should also be sent to all the Judicial Officers of the district to ensure that the law of the land is obeyed by the law enforcing agencies in letter and spirit.