KARNEKANTI KALPANA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed for a Mandamus to declare the action of the Respondents in handcuffing the Petitioner's husband, by name, Karnekanti Veera Brahma Chary @ Chary, S/o. Veerabhadraiah, while taking him from District Jail/Central prison to the Court premises for the purpose of trial of cases, in which he was implicated as one of the accused, as illegal, unconstitutional and arbitrary.

(2.) The Petitioner's husband, named above, is stated to be an accused in some criminal cases involving offences of robbery and dacoity. The grievance of the Petitioner is that her husband is being handcuffed every time when he is being taken to the Court from District jail and also from the Court to the jail without prior permission of the Court, which is dealing with the criminal cases.

(3.) At the hearing, Sri v. Venugopala Rao, learned Counsel for the Petitioner submitted that handcuffing of the Petitioner's husband while taking him from the jail to the court and vice versa is illegal and unconstitutional apart from undermining the human dignity.; and that in extraordinary cases, which require handcuffing, the Respondents are bound to record the reasons therefor and obtain the permission of the presiding judge concerned. In support of his submission, he placed reliance on the judgment of the Supreme Court in Prem Shankar Shukla v. Delhi Administration, 1980 3 SCC 526.