Court seeks response from DG (Prisons) on Umar Khalid's plea over being produced in handcuffs
Feb 18, 2022
New Delhi [India], February 18 : A Delhi Court on Thursday sought a response from the Director General (Prisons) on a plea of Umar Khalid alleging that he was produced in handcuffs whereas courts had passed orders that it should not be done.
Additional Sessions Judge Amitabh Rawat issued notice to Director General (Prisons) seeking a response on the plea.
Umar Khalid's counsel objected to his production in handcuffs.
The court said that it needs to be reiterated that an undertrial remains in the custody of the court throughout the proceedings and "any step of fetters/handcuffs, which are extreme steps, can only be taken after a court allows the same on a request or an application containing reasons"
"This court has passed no such orders for this accused or, for that matter, any accused in this case. Let notice be issued to DG (prison) to appraise this court whether any such orders have been passed from their end," the order said.
"In view of the above-stated circumstances and the seriousness of the issue, this court deems it fit to bring the said lapses, if any, to the notice of the worthy commissioner of police, Delhi who may file a report after inquiry through any responsible senior officer whether the accused Umar Khalid was brought in the handcuffs and if so, in what grounds/orders," the court added.
The court referred to a recent order passed by CMM of Patiala House Court wherein it had directed jail authorities to produce Umar Khalid in a routine manner without using handcuffs or fetters.
The court also took note of the Karkardooma court passed in April 2021 turning down the plea of Jail authorities seeking permission to produce Umar Khalid in handcuffs on the ground of being "high-risk prisoner".
The judge had observed that he was neither a previous convict nor a gangster and that the application was filed "without application of mind by the high echelons of Delhi Police and prison authorities."
