ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 18-04-2023 The writ petition, in the nature of Public Interest Litigation, is filed by the petitioner, who is a law student, declaring himself to be a public spirited citizen.

2. The prayer essentially is to ensure that there is strict compliance of the guidelines issued by the Hon'ble Supreme Court in the case of Citizens for Democracy through its President v. State of Assam and Ors.; (1995) 3 SCC 743.

3. The petitioner but for a bland statement that the undertrials/convicted persons in the State of Bihar have been badly affected as they have consistently been handcuffed by the Bihar Police for several years while taking them from jail to Court and back from 'undertrial to back' (sic), and has produced some photographs as Annexure-2 alleging handcuffing of prisoners without any authentication of the pictures taken and disclosure of the exact place from which such photographs were taken.

4. The petitioner then goes on to refer to Sunil Batra v. Delhi Administration; (1978) 4 SCC 526, Prem Shankar Shukla v. Delhi Administration; (1980) 3 SCC 526 and M.P. Diwedi and Ors.; (1996) 4 SCC 152 to dilate upon the rights available to such persons in police custody.

5. This Court, vide order dated 22.11.2022, emphasized the requirement of sensitization of police and directed impleadment of the Bihar State Legal Services Authority also. There were also suggestions made by the petitioner for implementation of the guidelines issued by the Hon'ble Supreme Court, which was taken on record by the Division Bench who issued the said order.

6. A detailed counter affidavit has been filed by the Deputy Inspector General of Police, Human Rights, Bihar, Patna from which paragraph nos. 7, 8 and 9 are extracted hereunder:-

7. That it is further submitted that for ensuring effective implementation of the aforesaid direction passed by the Hon'ble Supreme Court of India, the Police Headquarters vide Memo No.3723 dated 10.06.20 has instructed all the higher authorities of Police Department viz. (i) Inspector General of Police, (ii) Deputy Inspector General of Police, (iii) Senior Superintendent of Police and (iv) Superintendent of Police regarding proper compliance by organizing ongoing sensitization programs at the level of Police Stations, so that the guidelines passed by the Hon'ble Court could be definitely compiled with. It would be appropriate to mention here that the Bihar Human Rights Commission vide letter No.17 dated 22.05.2022 had also sent a letter giving its suggestion in this context that the Police Headquarters may consider issuing a comprehensive guideline to the field formations for clarity on the issue. Needless to say, that it should form part of induction/in- service training courses/modules designed for various ranks in the police organization and repeatedly stressed during ongoing sensitization programs. The letter of Bihar Human Rights Commission (marked as Annexure-A) was also circulated with the above instructions of the Police Headquarters, Bihar to concerned authorities for further necessary action.

8. That it is further submitted that in the past, a guideline was also issued to all IGs/DIGs/SSPs/SPs of the State for proper and effective implementation regarding not handcuffing to the minors vide Letter No.2883 dated 28.07.2014 of the Police Headquarters, Bihar, Patna. It was specifically clarified in the above instructions of the Police Headquarters, Bihar that the reasons why handcuffs have been used must be clearly mentioned in the Station Diary. They must also be shown to the Court. Once and arrested person is produced before the Court, the escorting officer must take the Court's permission before handcuffing her/him from the Court to the place of custody. The Magistrate before whom an arrested person is produced must inquire whether handcuffs or fetters have been used. If the answer is yes, the officer concerned must give an explanation.

9. That, even at the present time also,