GURMEET SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Notice of motion. At the asking of the Court Mr. Ashwani Bhatia, Assistant Advocate General, Punjab accepts notice on behalf of respondent Nos. 1 to 3.

(2.) The complaint made in the writ petition is at the instance of a person who is confined in district jail at Sangrur and he states that he is being taken to the Court at every time in hand cuffs is brazen violation of human rights and against express directions of the Supreme Court. Even without serving notice on the respondents, I am of the view that the petitioner shall make a statement before the judicial officer before whom he is produced and if he is hand cuffed and brought to the Court he shall inform of such serious violation to the judicial officer and the judicial officer will take appropriate action against the police who makes such violation. It is a very serious infraction of human right which shall not recur save for extraordinary circumstance which the law itself recognizes. In Prem Shankar Shukla v. Delhi Administration, 1980 3 SCC 526 the Supreme Court examined the constitutionality of handcuffing of under trial prisoners to jails and back.