Handcuffing accused costs cop Rs 1 lakh

Saurabh Malik

Chandigarh, April 19

A Punjab police official has ended up paying Rs 1 lakh costs for handcuffing an accused. The direction by Justice Arvind Singh Sangwan of the Punjab and Haryana High Court came on a petition alleging contempt of court filed by Suresh Kumar Satija, who contested the Assembly elections from the Abohar constituency and was an active member of the Akali Dal.

In his petition seeking action against respondent Balwinder Singh Touri, Satija, through counsel KB Raheja, stated that the ruling party candidate lost the election. An FIR alleging forgery and other offences was registered due to this grudge on June 17, 2018, under Sections 465, 467 and 471 of the Indian Penal Code and Section 7 of the Essential Commodities Act at the Bahawala police station in Fazilka district.

Justice Sangwan’s Bench was told that the petitioner was arrested by Touri on June 17, 2018. He was produced before a court the next day and remanded in police custody till June 19, 2018. Raheja added that the petitioner was humiliated while being produced in the court. He was handcuffed and asked to go through the local market. As such, there was a violation of the two orders, wherein it is held that handcuffing was a cruel and degrading act and should not be ordinarily resorted to, except in extreme circumstances and exceptional cases.

In his reply, the respondent stated that he was posted as the Additional Station House Officer at the Bahawala police station. The petitioner made a disclosure statement that he could produce relevant documents by going to a shop after he was arrested. However, the shop was closed. Thereafter, he was taken to Abohar to the shop of his sons. They were present there, along with a number of his supporters. The respondent apprehended that their intention was to interfere in the investigation as they stopped the government vehicle. As a preventive measure, the petitioner was put under handcuffs.

The state counsel, on instructions from the respondent, submitted that he was ready to pay Rs 1 lakh costs to the petitioner. But Raheja submitted that the petitioner did not want any cost from the respondent and he should be held guilty of contempt.

Justice Sangwan asserted that the petitioner had alleged political rivalry. However, in the petition, there was no mala fide intention alleged against the respondent to hold that his action was intentional. The court found that the respondent, considering the situation at the spot, decided to handcuff the petitioner. Even a special investigation team in its report had exonerated him.

“Considering the fact that the petitioner was handcuffed by the respondent, he is directed to pay costs of Rs 1 lakh, which will be deposited in the Punjab and Haryana High Court Employees Welfare Association. However, it will have no bearing on the service career of the respondent,” he said.

Violation of order

Suresh Kumar Satija, who contested the Assembly elections from Abohar, had alleged violation of the order on handcuffing