PREM NATH Vs. ASSISTANT SUB INSPECTOR HUKAM SINGH

JUDGEMENT

(1.) COSTS paid. The petitioner has brought the present petition u/s 15 of the Contempt of Courts Act for taking suo moto notice of the criminal contempt against the respondent, primarily, on the allegations that the respondent and other police officials arrested him on 10.2.1996 in a criminal case registered vide F.I.R. No. 13 dated 9.2.1996. The petitioner was detained and turtured physically and during the period of his confinement, the respondent fixed clamps made of two large wooden pieces on the right leg of the petitioner. On 11.2.1996, the petitioner was hand-cuffed and taken in the public and later on produced in hand-cuffs before the Duty Magistrate by whom he was released on bail. The sole grievance of the petitioner therefore is that in view of the observations/directions of the Supreme Court in Citizens for Demoracy v. State of Assam, 1995 Supreme Court Cases (Criminal) 600 that hand-cuffs or other fatter shall not be forced on a prisoner-convict or undertrial while lodged in jail anywhere in the country or while transporting or in transit from one jail to another or from jail to court and back, the respondent was not obliged to hand-cuff him and the act of putting hand-cuffs on him amounts to violating of the above rule laid down by the Supreme Court and this action of the respondent is summarily punishable under the Contempt of Courts Act.

(2.) IN response to notice, respondent has filed reply stoutly denying the allegations as contained in the contempt petition.