The Punjab High Court, in Suresh Kumar Satija v/s Balwinder Singh Touri (COCP-2490-2018 (O&M)delivered on 12th April,2023, filed co tempt case against police officer for handcuffing the accused. The judgement was presided by Honourable Mr. Justice Arvind Singh Sangwan.
FACTS OF THE CASE:
This was a hearing of a petition filed in 2018 when Balwinder Singh Touri was the Additional SHO. The petitioner held that he was arrested in a marketplace and was taken through the market in handcuffs thereby indicting public humiliation. During the process of arrest, a huge crowd had gathered at the spot, and the respondent contended that to prevent the petitioner from escaping, he retorted to handcuffing the petitioner. The petitioner claimed that while he was produced in the court, he was subjected to humiliation as he was handcuffed and forced to walk through the local market. The petitioner upheld that handcuffing individuals is a cruel and degrading act to be used only in exceptional circumstances. Here,it was highlighted that the petitioner was involved in about 10 FIRs and was a habitual offender. The respondent held that due to this reason and an apprehension that the petitioner might escape amidst the crowd, the respondent felt handcuffing was necessary.
The court heard both the sides, the court observed that the market place where the incident occurred , a large number of people had gathered who tried to stop the government vehicle. However, the court directed the respondent to pat ₹1,00,000 to the petitioner in employee welfare association.
JUDGEMENT REVIEWED BY ARYA THAKUR.
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