K. SATHYAVATHI Vs. THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE AND THE INSPECTOR OF POLICE CIVIL SUPPLIES CID, COIMBATORE, COIMBATORE DISTRICT

JUDGEMENT

(1.) THE petitioner is the wife of one M. Krishnan. He has been detained by the Executive Magistrate cum District Collector by an order dated 3.5.2012 under the Central Act 7 of 1980 under the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act. The authority found that the petitioner's husband is a black -marketer and liable to be detained in the Central Prison, Coimbatore. The detention order dated 3.5.2012 is not under challenge in this Writ Petition. On the contrary, the petitioner/wife contends that as and when the petitioner's husband has been taken to any Magisterial Court or before the Advisory Board, he could not be kept in handcuff. When the matter came up on 7.6.2012, this Court found that the question relating to handcuffing of a detenu or a prisoner was considered by the Supreme Court vide judgment in Sunil Batra (II) v. Delhi Admn., reported in : 1980 ( 3) SCC 488. In that view of the matter, this Court directed the respondents not to handcuff the petitioner's husband while he has been taken to the prison house and to the court house without the express permission of the court concerned. The learned Additional Government Pleader was directed to take instructions from the respondents.

(2.) WHEN the matter came up today, the learned counsel produced a copy of the written instructions issued by the Superintendent of Prisons, Central Prison, Coimbatore stating that as of now, the detenu is not having any pending criminal case to be produced before the courts and the date for taking the detenu to the Advisory Board has not been fixed. In any event the prison authority has not given any direction to handcuff the detenu and the question of handcuff is determined by the escort parties in accordance with law. The Superintendent of Police, Ooty was also requested to observe the judgment of the Supreme Court while escorting the detenu to court and to the Advisory Board regarding the handcuff by a letter sent by the Prison Authorities on 8.6.2012.