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2023 Supreme(P&H) 1379
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Arvind Singh Sangwan, J.
Suresh Kumar Satija – Appellant
Versus
Balwinder Singh Touri – Respondent
COCP No. 2490 of 2018
Decided On : 12-04-2023
For the Parties : Mr. K.B. Raheja, Mr. Sandeep Khunger, Mr. Ayush Sarna AAG, Punjab
Headnote:(A) Indian Penal Code - Sections 465, 467, 471, 468, 420, 120-B - Election Commission Act - Handcuffing of an accused during escort - The court found that while the petitioner was handcuffed due to the presence of a potential mob to prevent escape, it highlighted that handcuffing should be sparing and justified. Court directed the respondent to pay costs for the act of handcuffing. (Paras 5, 10, 12, 14)
(B) Contempt of Court - A respondent can face contempt findings for failure to adhere to prior court orders, however, in this case, the decision was deemed appropriate based on the situation at the time. (Paras 10, 11)
Facts of the case:
The petitioner claimed violation of previous court orders regarding handcuffing when he was arrested under various IPC sections connected to potential political rivalry. He was handcuffed during transport to a shop, which raised issues of rights and dignity.
Findings of Court:
Despite the petitioner’s claims, the respondent's actions were justified given the circumstances described, and the Special Investigating Team's report held that no mala fide intent was evident.
Issues: The case primarily addressed if the handcuffing constituted a violation of rights and whether costs should be imposed. The court considered the safety concerns and the necessity of the actions taken by the police.
Ratio Decidendi: Court ruled that handcuffing should be exceptional and justified by circumstances, which were present in this case. Costs are to be paid as a remedial measure for the act, reflecting a balance between rights and law enforcement needs.
Result: Petition disposed of with costs imposed on the respondent.
Judgment
Mr. Arvind Singh Sangwan, J.
This petition is pending since 2018.
2. The petitioner alleges the violation of order dated 24.9.2008 passed in CWP No.9650 of 2007 as well as the direction dated 27.8.2014 in CWP No.17431 of 2014.
3. Brief facts of the case are that the petitioner had contested the assembly elections of Abohar constituency and is an active member of Akali Dal. It is stated that in the said election, the candidate of the ruling party lost the election and due to this grudge, FIR No.50 dated 17.6.2018 under Sections 465 , 467, 471 IPC and Section 7 of the E.C., Act at Police Station Bahawala, District Fazilka ( Sections 468 , 420, 120-B IPC and E.C. Act added later on) was registered.
4. It is further stated that the petitioner was arrested by respondent No.1 on 17.6.2018 and was produced before the Court on 18.6.2018 when police remand was given for one day till 19.6.2018.
5. Counsel for the petitioner further submits that while producing the petitioner in the Court, he was humiliated as he was put in handcuff and was asked to go through the local market and, thus, there is a violation of the aforesaid two orders, wherein it is held that handcuffing of a person is a cruel and degrading act and should not be ordinarily resorted, except in extreme circumstances and exceptional cases.
6. Reply by way of affidavit of the respondent is on record in which after verifying the facts of the FIR, it is stated that the respondent was posted as Additional SHO, Police Station Bahawala and after the petitioner was arrested, he made a disclosure statement that he can produce the relevant documents by going to the shop i.e. Satija Telecom, Amarapur. When the respondent took the petitioner to the shop in village Amarapur, the shop was closed and the petitioner was allowed to talk to his relative using the mobile number i.e. 85588-06488 of the respondent to one number 92566-04912. Thereafter, on the asking of the petitioner, he was taken to Abohar at the shop of the sons of petitioner. There, the sons of the petitioner, who are Advocates were present along with number of his supporters and the respondent apprehended that their intention is to interfering in the investigation, as they stopped the government vehicle to move towards the shop of the son of the complainant. Therefore, as a preventive measure, he was put under handcuffs and all these facts were brought to the notice of the senior officers and even the police zimni was recorded on 19.6.2018 in this regard.
7. It is stated that an enquiry was conducted by a team of senior police officials, which recorded a finding that the Special Investigating Team has come to a conclusion that SI Balwinder Singh handcuffed the accused keeping in view the situation at the spot and has not violated the directions of the Court. It is also stated that the petitioner is involved in as many as 10 FIRs, the details of which is given as under :-
(i) FIR No.198 dated 28.8.1998 under Sections 353, 186, 506, 34 IPC, Police Station City-1, Abohar- convicted on 18.2.2002.
(ii) FIR No.3 dated 5.1.2017 under Sections 177, 178, 448, 120-B IPC, Police station City Fazilka- the trial is going in the Court.
(iii) FIR No.94 dated 12.6.2011 under Sections 447, 511, 506, 34 IPC, Police Station City-1, Abohar (FIR quashed on the basis of compromise between the parties.)
(iv) FIR No.124 dated 25.7.2018 under Sections 420 , 465, 467, 468, 471, 120-B IPC, Police Station City-1, Abohar – the matter is under investigation.
(v) FIR No.163 dated 22.7.2003 under Section 382 IPC, Police Station City-1, Abohar – the cancellation report prepared on 6.5.2005.
(vi) FIR No.185 dated 11.8.2003 under Sections 382, 323, 148, 149 IPC, Police Station City-1, Abohar – declared innocent on 26.7.2005.
(vii) FIR No.228 dated 10.9.2003 under Sections 452, 382, 323, 148, 149 IPC, Police Station City-1, Abohar – acquitted on 9.10.2009.
(viii) FIR No.138 dated 24.7.2017 under Sections 323, 509, 354, 342, 316, 109, 511, 336, 149 IPC, Police Sta
