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This is an archive article published on February 7, 2012

State police get rap for delay in reply

Criticising the state police for delay in replying to a petition against unwarranted handcuffing of prisoners,the Bombay High Court on Monday asked about the status of investigation with respect to cases brought up in the PIL.

Criticising the state police for delay in replying to a petition against unwarranted handcuffing of prisoners,the Bombay High Court on Monday asked about the status of investigation with respect to cases brought up in the PIL.

The court had first asked the police to file an affidavit in response to the petition last November,and then issued fresh directives from time to time. During the hearing on Monday,public prosecutor Pandurang Pol sought one more day to file an affidavit by the Mumbai Police Commissioner. The petition,filed by NGO Criminal Justice Initiative,mentioned a specific instance of prisoners being taken to court not only handcuffed,but also tied with ropes. The NGO has also attached photographs showing what it calls “unwarranted and blatant” handcuffing.

Asking the police to clarify its stand on the allegations,the Bench of Justices S A Bobde and R D Dhanuka said,“If the police think that the burden of proof is on the petitioner to prove the case,then they are wrong…the police need to give us something credible and believable on the status of investigations in the case.”

“If any attempt is made to shield the guilty officers,then you know what inference will be drawn under law,” the judges further told the public prosecutor.

The case will now be heard on Tuesday.

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