ORDER:— W.P. (Crl) No. 610/ 89.

Rule Nisi. Heard learned counsel for both the parties. The grievance of the petitioner is that certain Sikh under-trial prisoners are being kept in fetters. Notice was issued on 22nd December, 1989 and was made returnable within five weeks. The counter has been filed by the Deputy Jailor of Central Jail, Bareilly, stating that 21 under-trial prisoners, named therein, are being prosecuted for commission of different offences before the Designated Court, Bareilly. We are not concerned with their prosecution. The short question before us is whether they need be kept in fetters as under-trial prisoners. In paragraph 4 of the counter, it is stated that these accused were received in the Central Jail, Bareilly, on transfer from other jails between August and December, 1990 in fetters and keeping in view the security instructions contained in paragraph 427 of the U.P. Jail Manual, due to multifarious cases pending against them for heinous crimes they are kept in fetters for otherwise they are security hazards. The learned counsel for the State Government informed us that he was unaware of the present position and was, therefore, not in a position to assist t