LAWS(DLH)-1978-9-9

VISHWA NATH Vs. STATE

Decided On September 06, 1978
VISHWA NATH Appellant
V/S
STATE OF DELHI Respondents

JUDGEMENT

(1.) This is a petition by Vishwa Nath Verma through jail. The petitioner is being tried in the court of Shri D.R. Khanna, Additional Sessions Judge for an offence punishable under Section 302 of the Indian Penal Code. It is stated by the petitioner that the prosecution evidence is being recorded.

(2.) . The complaint of the petitioner is that when he is escorted from the jail to the Court and taken back, he is handcuffed and this is a great physical and mental torture to him. The petitioner alleges that he was a permanent Govern ment servant and had been working in the Ministry of External Affairs and that he is also agraduate from the Punjab University and he has been classed as a better class prisoner and, therefore, he should not be handcuffed.

(3.) . Rule 26. 21Aofthe Punjab Police Rules Vol. III Chapter 26 divides the under trial prisoners into two classes (i) ordinary ; and (ii) better class. Those undertrial prisoners who are accustomed to better standard of living can be classified as better class prisoners.