SABAH AL ZARID Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Petitioner herein had invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution alleging infraction to Article 21 of the Constitution for violating his basic fundamental rights by the Respondent Authorities for handcuffing the Petitioner without just cause. The Petitioner by way of the instant writ petition has also sought for setting aside of the order dtd. 30/3/2021 passed by the Assam Human Rights Commission in AHRC Case No.3021/2020-21(9).

(2.) The brief facts of the instant case are that the Petitioner is a Law Graduate who had enrolled his name in the State Bar Council in the year 2008 bearing Enrollment No.486/2008. On 5/10/2016, an FIR was lodged by one Md. Faizul Haque, Home Guard of the Assam Police alleging inter alia that the Petitioner had on 5/10/2006 manhandled him, as the informant did not allow the Petitioner to park his car near his house. The said case was registered and numbered as Panbazar P.S. Case No.435/2016 under Ss. 294/325/341/353 of the Indian Penal Code. It is also relevant to take note of that the Petitioner had also filed an FIR against the said Md. Faizul Haque which was also registered as Panbazar P.S. Case No.436/2016 under Ss. 294/323/392/511 of the Indian Penal Code on the ground that the said Md. Faizul Haque had verbally and physically abused the Petitioner and tried to snatch the bag of the Petitioner which contained Rs.10,000.00.

(3.) After the FIR was lodged by Md. Faizul Haque, a police personnel of the Panbazar Police Station called the Petitioner to the police station on 5/10/2016 and on his visit to the police station, the Petitioner was detained and later on, he was informed that he had been arrested and on the following day i.e. on 6/10/2016, the Petitioner was produced before the learned Chief Judicial Magistrate, Kamrup (M) and thereafter, he was sent to judicial custody. It is the further case of the Petitioner that in violation of all mandates of law and dehors the guidelines issued by the Supreme Court, the Petitioner was handcuffed in the police station and was taken to the MMC Hospital, Panbazar for his medical checkup in handcuffed condition. Further on 6/10/2016, when the Petitioner was produced before the learned Chief Judicial Magistrate, Kamrup (M), he was again handcuffed and on his way back to the police vehicle and was under continuous handcuffed condition throughout his journey from the Court of the Chief Judicial Magistrate Kamrup (M) at Kachari to Central Jail, Guwahati at Lokhra which is about 20 km.