KUMAR SUMAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the counsel for the petitioner and the counsel appearing for the State as well as the Superintendent, Adarsh Central Jail, Beur, Patna.

(2.) Petitioner is aggrieved as he was handcuffed by police personnel during transit from jail to court in the clear violation of the direction of Supreme Court in a decision reported in 1980 Vol III SCC 526 : (1980 Cri LJ 930) (Prem Shankar Shukla v. Delhi Administration).

(3.) Petitioner's counsel was submitted that the condition which has been mentioned in this decision for handcuffing any accused while being transmitted from jail to Court or Court to jail, was not present there. The party of the constables which was accompanying the petitioner did not file any such petition before the Magistrate that either the petitioner is aggravated, he has enhanced threat or there was any apprehension that he may escape, which are the condition precedent for handcuffing. In this circumstance, the action of police personnel is in clear violation of direction of the Supreme Court.