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1994 Supreme(MP) 759

1994 JLJ 693
(SUPREME COURT)
M.V. Venkatachaliah, C.J.I. and S. Mohan, J.
Khedut Mazdoor Chetna Sanghathan v. State of M.P. and others
W.P. No. 239 of 1993;
Decided on 9.9.1994.

Headnote:(1) Constitution of India -- Art. 21 -- handcuffing -- is prima facie inhuman and unreasonable -- it is repugnant to this provision.

       Handcuffing is prima facie inhuman and, therefore, unreasonable, is over-harsh and at the first flush, arbitrary. Absent fair procedure and objective monitoring, to inflict ‘irons‘ is to resort to zoological strategies repugnant to Art. 21.

       The escorting officer, whenever he handcuffs "a prisoner" produced in Court, must show the reasons so recorded to the Presiding Judge and get his approval. Otherwise, there is no control over possible arbitrariness in applying handcuffs and fetters. The minions of the police establishment must make good their security recipes by getting judicial approval. 1980 (3) SCR 655 and 1990 JLJ441 (SC) relied on. [Paras 41 and 43

       (2) Constitution of India -- Art. 21 -- dignity is above ten thousand lives-if dignity or honor vanishes, what remains of life -- exploitation of Adivasis by police and other officers of State shown prima facie -- CBI directed to investigate and register cases. [Para 45

       (3) Criminal P.C., 1973 -- S. 406 -- police and high officials of district involved in criminal activities -- case may be transferred to another district. [Para 46

ORDER

S. Mohan, J. -- 1. The petitioner Khedut Mazdoor Chetna Sangathan is a registered Trade Union of Bhil, Bhilala, Mankar and Naik tribals of Alirajpur Tehsil in Jhabua District of Madhya Pradesh. It was started in October 1982. The object was to protest against and prevent the exploitation of the tribals. The constructions of Sardar Sarover Dam on the river Narmada is again another issue for which the petitioner's association has been fighting for.

2. In the high hills of the Vindhya range, south of Jhabua District, massive deforestation has taken place. That has resulted in degradation and the productivity has reduced so much so, Jhabua has become chronically drought prone area. This has led to large scale crime, the people being poor wanted to make both ends meet.

3. The petitioner's association has fought for access to forest resources which has been denied to them. Today, equally it has been a crusade against corruption. The Sangathan has strengthened the traditional tribals custom of community resolution of disputes through Panchayat, as corrupt police officials have been publicly arraigned, departmental enquiries have been instituted on complaints lodged; cases have also been lodged; payment of minimum wages and eight hours working for a day have been secured. Further, the petitioner's association demands environmental regeneration; social ameliorative measures like educating them and promoting their culture. Encouragement of knowledge regarding herbal medicines sponsoring Grain Banks and Co-operative Marketing have been undertaken in a large scale. Such measures have yielded good results.

4. The Sangathan is wedded to the adoption of peaceful and constitutional means of mobilisation and protest and constructive developmental work with the aim of building up a strong tribal identity control both the economy and politics at the local level and capable of contributing creatively to the worldwide struggle for a more sustainable and equal developmental regime. Recently, there have been acts of repressions and police violence and atrocities perpetrated on the members of the petitioner's association and local adivasis on 30.10.1992. The Jhabua Collector, R.S. Julania, respondent No.2 held a meeting in Kakrana concerning submergence of zone villages. The Collector warned the people that if they persisted in their resistance, the combined might of the State-lathi, gun and pen would be used against them. When the meeting ended, seven activists of Sangathan were arrested. Of these, six were brutally beaten in the Alirajpur Police Station by the S.D.M. Vinod Kumar. On being presented before the Magistrate, when a demand was made for medical examination and the injuries being noted, that was denied under police pressure.

5. After meeting the police started arresting them one by one. This was on the basis of a false FIR registered at police station Sondwa. On 12.11.1992 the police officials brutally beat up the members of the petitioner organisation in police custody.

6. On 17th November 1992 the Petitioner Khemla Aujanharia was arrested by the Alirajpur police who was handcuffed and paraded throughout the town by the police. Thereafter the police registered another FIR for effecting the arrest with regard to rally on 10th November 1992 in which it was alleged that Khemla was involved. This is false since he was in Kerala on 15th October, 1992 when the alleged incidents are stated to have taken place. In evidence of this the petitioner has annexed a letter of the Executive Director of GHRUTI evidencing Khemla's participation in Kerala between 12th and 17th October 1992. Similar arrests of innocent people have been taking place. For trivial incidents they have been registering FIRs. Most of these are false FIRs. Falsity of these FIRs. 11 of 1993 regarding the incidents of 22nd January had been registered at the instance of Pram Lal Nigam, an official of Narmada Development Authority.

7. On 2nd February, 9 activists who had gone to Indor

































































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