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2026 Supreme(Online)(Chh) 25078
HIGH COURT OF CHHATTISGARH AT BILASPUR
Arshad – Appellant
Versus
State of Chhattisgarh – Respondent
WPCR No. 461 of 2026
For the Appellants/Petitioners:
For the Respondents:
The use of handcuffs and public parading of an accused person without exceptional circumstances constitutes a violation of the right to dignity and personal liberty guaranteed under Article 21 of the Constitution of India.
Headnote:(A) Fundamental Rights - Right to Dignity - Handcuffing and public parading of an accused - Use of handcuffs without exceptional circumstances and parading an accused in public view is contrary to the mandate of Article 21 of the Constitution and violates the dignity of the accused. (Para 1)
Issues: Whether the act of handcuffing and parading the petitioner in public view violates the right to dignity under Article 21 of the Constitution.
Order Sheet
[[IMG_1]]threats being extended to him for monetary gain. It is further submitted that, instead of acting upon the petitioner’s complaint, the police authorities arrested him on 28.01.2026 and, without there being any exceptional circumstance warranting such action, handcuffed him and paraded him through the market area/police station in public view, resulting in serious humiliation and damage to his reputation. Learned counsel submits that the petitioner was neither absconding nor violent nor was there any material justifying the use of handcuffs or such public treatment, and that the conduct of the police authorities is wholly contrary to the mandate of Article 21 of the Constitution and the requirement of maintaining the dignity of an accused who is presumed innocent until proven guilty.
Learned counsel further submits that during the alleged public parade, certain persons were also permitted to accompany the police and allegedly instigate members of the public to assault/slap the
