July 22, 2020 12:37:21 pm
The District Court on Tuesday dismissed the plea of gangster Lawrence Bishnoi, seeking he should be handcuffed while being produced in court as he apprehends that he can be killed in a fake encounter.
Dismissing Bishnoi’s plea, the court of Nazmeen Singh, JMIC (Judicial Magistrate First Class), held, “…if the police or prosecution finds reasonable ground for likelihood of accused escaping from custody on being produced, such an application may be filed by police/prosecution…”
Bishnoi, who is currently lodged in Bharatpur Jail in Rajasthan, had moved a petition in the Chandigarh district court that if he is brought by the police to Chandigarh court in connection with two FIRs registered for firing in Sector 33 and Sector 9 in June, he should be handcuffed as he apprehends that he can be killed in a fake encounter.
Bishnoi through his counsel had sought 15 days’ advance notice before arrest in the firing incidents of Sector 33 and Sector 9-D in June 2020. It was also submitted by Bishnoi that while being brought to the court, he could be killed in a fake encounter by the police citing he had tried to run away from custody.
The public prosecutor, however, opposed Bishnoi’s plea arguing that the present application will amount to blanket protection which is not tenable under any provision of law, and also Bishnoi is adopting these tricks just to save himself from the investigation agency.
After hearing the arguments, the court held that as per a directive of the Supreme Court, the permission to handcuff is sought by the prosecution/police concerned and the same is allowed by magistrate only in special circumstances.
Generally, the practice of handcuffing is denounced because of respect to human dignity. Regarding application of being handcuffed when brought to court by the police, the court held that if the police or prosecution finds reasonable grounds for likelihood of accused escaping from custody on being produced, such an application may be filed by the police/prosecution.
“It be noted that due to ongoing and prevailing pandemic of Covid-19, accused are being produced only by video conferencing until further orders from High Court. As such, physical production of the accused during this period is not necessary and is already dispensed with during the Covid-19 lockdown period,” the court held.
The anticipatory bail of Bishnoi in the two firing incidents has already been dismissed by the court of ADJ Rajesh Sharma.
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