PRESIDENT OF INDIA Vs. IN RE:1 M P DWIVEDI 2 DHARMENDRA CHOUDHARY 3 S S ANSARI 4 N D BHARGAVA 5 NATWAR SINGH 6 VINOD KUMAR 7 B K NIGAM

JUDGEMENT

(1.) These contempt proceedings have been initiated in pursuance of the order dated 4-6-1993 passed in Writ Petition No. 239 of 1993, Khedut Mazdoor Chetna Sangath v. State of M. P. The said order dated 4-6-1993 for issuing notices for contempt against the contemners was passed in the following circumstances.

(2.) Khedut Mazdoor Chetna Sangath (hereinafter referred to as the Sangath), is a registered trade union of tribals of Alirajpur Tehsil in District Jhabua of the State of Madhya Pradesh. It started functioning in October 1985 and has been working for the upliftment of the tribals in the region. It is opposed to the construction of Sardar Sarovar Dam on River Narmada on the ground that the construction of the dam would be prejudicial to the interests of the tribals residing in the catchment area of the dam since their lands would be submerged in water and they would be displaced. The members of the Sangath have been agitating against the construction of the dam. In connection with the said agitation, the members of the Sangath were arrested by the police authorities on various dates in connection with criminal cases registered against them and after arrest, the arrested persons were handcuffed while being taken from jail to the Court and from Court to jail or from jail/Court to civil hospital and back to jail/Court. On some occasions they were paraded while handcuffed through the streets of Alirajpur. In the writ petition, mention is made of the following incidents of handcuffing of undertrial prisoners :

(3.) The fact about the handcuffing of these aforementioned persons on the dates referred to above was not disputed by the respondents in the said writ petition. Having regard to the decisions of this Court in Prem Shanker Shukla v. Delhi Admn., 1980(3) SCC 526 : 1980(3) SCR 855, Sunil Gupta v. State M.P., 1990(3) SCC 119 and Baradakanta Mishra, Ex-Commr. of Endowments v. Bhimsen Dixit, 1973(1) SCC 446 : 1973(2) SCR 495, this Court was satisfied that a prima facie case is made out for taking action for contempt of Court against persons responsible for the aforementioned acts of handcuffing of undertrial prisoners. A direction was, therefore, given by order dated 4-6-1993 to issue notice to the contemners to show cause why they should not be punished for having committed contempt of this Court.