HC directs police to strictly implement SC order on handcuffing

Madras High Court issued fresh direction to higher police officials to ensure that their subordinates did not violate basic human rights and implement Supreme Court order prohibiting handcuffing.

Updated: Aug 01, 2013, 18:31 PM IST

Madurai: Madras High Court on Thursday issued fresh direction to the higher police officials to ensure that their subordinates did not violate basic human rights and strictly implement Supreme Court order prohibiting handcuffing.
A division bench comprising Justice N Paul Vasanthakumar and Justice P Devadoss gave the fresh direction while closing a contempt petition filed by one Nirmala against four policemen for handcuffing her husband Muthupandi without permission from Magistrate.

The Judges said officials including Principal Home Secretary, DGP and ADGP, should instruct their colleague to ensure that Supreme Court`s circular as well as this court`s circular and directions in this regard were implemented.

The Court ordered that its order in this case be sent to all the officials and DGP (training), Principals of Police Training schools also. Police officials had an obligation to implement the apex court`s order relating to prohibition of handcuffing, the Judges said.

The Judges said concerned persons also could take it to the notice of the Judicial Magistrate who were directly dealing with the matters. "The Magistrates are bound to take cognizance of violations, if any, of the apex court orders."

The then SP of Madurai, Asra Garg submitted that various steps had been taken by police department to impart lessons on the importance of human rights.

Awareness had been created about several orders of the apex court regarding handcuffing.

The Judges pointed out that policemen, including V Selvam, K Alagarpandi, V Ramakrishnan and J.Gunasekhar, who were responsible for handcuffing had admitted their mistake.

The Judges said they also sought mercy and volunteered to pay a compensation of Rs 10,000 each to the affected person. "But then these police persons alone are not wrong doers. There are many more of them. But very few of them are caught. This kind of violation of human rights is going on in day in and day out. The Police must be told of their violations", the Judge said.

The Judges said they could be given an opportunity to reform. The counsel for the petitioner submitted that they were not particular about punishing the policemen.

The Judges said the police personnel had paid Rs 10,000 each. They had also offered an unconditional apology and assured that they would not harass the petitioner and her husband.

Recording their submissions, the Judges ordered that the police department should not take any action against the policemen and the issue should not be entered into their service book.