Handcuffing of prisoners: Madras HC cautions police
Chennai: Madras High Court today
cautioned Tamil Nadu Police that violation of Supreme Court's
order on handcuffing can invite contempt of court proceedings.
It is unfortunate that even 14 years after the apex
court's judgement, the SP of Coimbatore Central Prison had not
been apprised of the order, Justice N Paul Vasanthakumar said,
allowing a petition filed by M Elango, an employee working as
a clerk in an oil store run by one Ahmed Ali at Bhavani.
The judge directed authorities concerned to
scrupulously follow Supreme Court's ruling on handcuffing of
Elango sought to restrain police from handcuffing and
putting chains on Ali, detained under Prevention of Black
Marketing and Maintenance of Supplies of Essential Commodities
Act, while being produced before the Advisory Board, here.
Vasanthakumar noted that the Prison Superintendent had
not been apprised of the order either by state Home Department
or by the police department.
He said he was of the view that the Supreme Court's
judgment and a high court order on the subject should be
communicated to the home secretary and the DGP, who in turn,
should inform superintendents of all central prisons and
police officials to strictly comply with the order.
The judge said that 14 years ago, the Supreme Court in
its order on the rights of detenues, undertrial prisoners and
convicts had held police could resort to handcuffing or
chaining only in certain circumstances, that too, after
getting orders from the judicial magistrate concerned.