Hello friends, Sometimes such incidents come to the fore which shake our constitutional values. Recently, the Supreme Court gave its verdict on a case in which an accused was handcuffed and kept chained to his feet during treatment in the hospital. The Supreme Court reprimanded the Haryana Police for this inhuman behaviour and ordered the state government to issue strict guidelines.
Strict stand of the Supreme Court
A bench of Justice Abhay S Oka and Justice N Kotishwar Singh of the Supreme Court gave its verdict in this case. The court quashed the decision of the Punjab and Haryana High Court, in which the petition challenging the arrest of the accused was dismissed. The Supreme Court also made it clear that when a person is arrested, it is mandatory to tell him about the reasons for the arrest. During the hearing of the case, it came to light that the Haryana Police not only kept the accused in illegal custody but when he was taken to the hospital, he was handcuffed and tied to the bed. This behaviour was a gross violation of the fundamental rights of the accused.
Violation of Articles 21 and 22
The Supreme Court clearly stated that such behaviour is a violation of the ‘right to life and dignity’ under Article 21 of the Constitution. The court said, “We find it necessary to mention this inhuman treatment meted out to the accused at the end of this judgment. He was kept handcuffed in the hospital and chained to the bed. This is a blatant violation of the fundamental rights of the accused under Article 21.” Along with this, the Supreme Court also clarified that under Article 22 (1), it is necessary to tell the accused at the time of arrest why he has been arrested. If this procedure is not followed, the arrest will be considered illegal and the court should grant bail to such an accused regardless of legal restrictions.
Orders to the Haryana government
The Supreme Court directed the Haryana government to make new rules for the police department so that no accused is treated inhumanly in future. The court said that,
- No accused should be handcuffed and tied to the bed in the hospital.
- The police should ensure that the accused is given full information about his rights under Article 22 of the Constitution.
- If necessary, the government should amend the existing rules so that the police cannot do such illegal work.
This decision makes it clear that the Constitution of India gives every citizen the right to live with dignity, even if he is an accused. Illegal and inhuman treatment of any person is not acceptable. This decision of the Supreme Court strengthens the rule of law and ensures that the arbitrariness of the police is curbed.
Disclaimer: This article is written for information purposes only. The information given in it is based on various sources and is not intended to replace any legal advice.
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