Human rights ‘handcuffed’

Even Parmar’s lawyer claimed handcuffing undertrials was a norm at the court.

Several judgments by the Supreme Court have called such treatment of undertrials as human rights violation.

However,police treat handcuffing as a means to prevent an accused from escaping. “Most of the accused are hardened criminals and we are always running short of officers. It is difficult to ensure that no accused escapes. Handcuffing or chaining the accused is the only way to keep a check on the accused,” said Bujangrao Shinde,Deputy Commissioner of Police,Kalyan.

The Supreme Court in the Prem Shankar Shukla case Vs the Delhi Administration of 1980 had denounced the act and observed: “Insurance against escape does not compulsorily require handcuffing.”

“It is shocking that a magistrate doesn’t see any problem in such behaviour. The DK Basu guidelines of the Supreme Court on custodial rights clearly spells out that handcuffing is against all norms of decency. Handcuffing can be the last resort and not a custom. Even in case where the investigating agency feels that the undertrial has a credible tendency for violence and escape,it has to convince the court in this regard,” said Retired Justice Hosbet Suresh,Bombay High Court.

“On one hand we pose to be a country that follows humanitarian laws and at the other we don’t consider such violations serious. It’s a clear contempt of court and the state should come down heavily on such police officers,” said human rights activist and advocate,Shakil Ahmed.

When cops took the rap
* Actor Shiney Ahuja,accused in a rape case,had recently moved the court for being handcuffed. The magistrate had pulled up the police and ensured that it is not repeated.
* Actor Sanjay Dutt,convicted for illegal possession of arms in connection with the 1993 Mumbai blasts case,was also brought handcuffed to the Terrorist and Disruptive Activities Act (TADA) Court. After his lawyer complained to the Bombay High Court,the officer was penalised.
* Harshad Mehta,caught in the securities scam of 1992,was dragged out of his home in handcuffs and even made to sleep on the floor with his shoes as pillow. The court had passed serious strictures against the investigating officers.