Telangana High Court Initiates Suo Moto PIL Following Senior Advocate’s Complaint on Handcuffing of Accused In District Court
(Judicial Quest News Network)
The Telangana High Court has initiated a suo moto PIL after a senior advocate reported witnessing the handcuffing of accused individuals at a District Court. The court has asked the state to respond within six weeks.
In his letter to the Telangana High Court, Senior Advocate L. Ravichander explained that he was present at the District Court of Kukatpally to appear before a bench. After his appearance, while exiting the court, he observed that three policemen were escorting three accused individuals, each handcuffed. This incident, he noted, contravened the Supreme Court’s directive in the case of Premshankar Shukla vs. Delhi Administration, which prohibits the handcuffing of accused persons under certain conditions.
The senior counsel further noted that upon investigation, it was revealed that the accused are frequently transported to the court in handcuffs, which are only removed at the entrance to the courtroom, just before the accused is presented to the presiding officer. This practice creates the illusion of compliance with the guidelines established in the Prem Shanker Shukla judgment, which stipulate strict conditions under which handcuffing is permitted.
The Senior counsel in his letter further prayed that “I pray that his issue ‘be taken up’ as a public interest Litigation and appropriate directions be issued to the concerened to ensure a proper balance between law and order on the onehand and human rights on the other,” the letter read.
Upon receipt of the letter, the court promptly took up the matter by a division bench consisting of Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti.
“This petition has been directed to be registered on the basis of letter dated 30.03.2024 addressed by a Senior Advocate, in which a complaint has been made about serious human right violation in the premises of District Court at Kukatpally, Ranga Reddy District. A direction has been sought to Police Officers in the State of Telangana to ensure that no violation of human rights takes place and the order of Supreme Court in Prem Shankar Shukla v. Delhi Administration [(1980)3 SCC 526] is followed and also to ensure proper balance between law and order on one hand and human rights on the other hand. In view of aforesaid submission, issue notice to the respondents.
Mr. Mohammed Imran Khan, learned Additional Advocate General for the State of Telangana accepts notice on behalf of the respondents and prays for, and is granted, six weeks’ time to enable him to file a counter.
List thereafter. Court’s order read.
