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The Bombay High Court Tuesday directed the state police to take strict action against police officers who handcuff undertrial prisoners.
The court has asked the state if it had initiated an inquiry against the police officers who had allegedly handcuffed or chained a prisoner when he was being shifted to another prison. The court sought a reply from the state in a week.
Majid Akhtar Shaikh,an accused,has filed a petition in the High Court alleging that he and other prisoners were chained to chairs while being shifted from Taloja prison,Navi Mumbai,to Aurangabad prison last year.
The petition also alleged that Shaikh and other undertrial prisoners were made to stand during the seven-hour journey.
This procedure is followed every time when the prisoners have to be transported from a prison to other places such as hospital,court etc. The petitioner said at one such instance,he was chained to a seat.
Advocate Yug Chaudhary,appointed as amicus curie (friend of the court) to assist the court in this case,submitted that the Supreme Court had categorically stated that such practices were illegal. The Supreme Court had said henceforward if a prisoner was handcuffed in violation of rules,it would be contempt of the court,he said.
On earlier occasions,Inspector General (law and order) had stated in his affidavit before the High Court that an inquiry would be initiated in to the issue,and prison authorities had already issued circulars explaining when prisoners should not be handcuffed.
The Division Bench of Justice D B Bhosale and Justice A R Joshi said the court would take a serious note of the matter if the constables concerned were found to be violating the law.
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