They are not previous convicts… not even gangsters, says court
NEW DELHI – A Delhi court turned down the plea of the authorities to produce anti-CAA activists Umar Khalid and Khalid Saifi in handcuffs on the grounds they are “high risk prisoners”. The Court argued that they were neither previous convicts nor even gangsters and that the application was filed “without application of mind by the high echelon of Delhi Police and prison authority.”
The duo is in jail along with several other activists since last year under UAPA, a terror law, in connection with Delhi riots conspiracy case.
According to Live Law, a legal news website, Additional Sessions Judge Vinod Yadav ordered, “The accused persons, who are sought to be produced in fetters and handcuffs are admittedly not previous convicts. They are not even gangsters. The applications appear to have been filed in a mechanical manner, without application of mind by the high echelon of Delhi Police and prison authority.”
The police was seeking orders for handcuffing Khalid and Saifi in a case under FIR 101/2020 filed by the Karkardooma District Courts, Delhi.
After the applications were filed, the court had sought report from Delhi Police, Special Cell and the Jail Superintendent.
Tihar jail Superintendent said in its reply that producing an accused in handcuffs does not follow under jail administrations jurisdiction.
Addl. DCP, Special Cell, replied that no such application seeking handcuffing of the accused was filed by the undersigned before any court or any authority.
The court after studying the replies observed that the material on the basis which applications were filed is devoid of merits. “The Delhi Prison Rules are silent about the handcuffing and putting fetters upon the prisoners,” the court said.
The court while rejecting the application said that as per fresh Covid-19 protocols accused persons are not required in court physically hence applications are not required at this stage.