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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THE HONOURABLE SRI JUSTICE N.TUKARAMJI

WRIT PETITION No.8444 OF 2018

03^rd March, 2026

Between:

Smt.G.Sunitha

…Petitioner

AND

The State of Telangana and Others

…Respondents

ORDER:

This Writ Petition is filed with the following relief:

“…to issue an appropriate Writ, Order or Direction more

particularly one in the nature of Writ of Mandamus declare

the action of the respondents herein in handcuffing the

husband of the petitioner herein namely (G.RajaShekar

Reddy) under trail prisoner presently lodged in Cherlapaly

Central prison and consequently direct the respondents not

to handcuff the husband of the petitioner who is an under

trail prisoner, while being producing the court and as being

illegal, arbitrary, discriminatory and violation of Article 14,21

& 300-A of the Constitution of India, and further directed the

respondents to pay an amount of rupees by way of

compensation for humiliating and violating human rights of

the husband of the petitioner publicly by producing before the

court handcuffed and enchained and pass such other order

or orders may deem fit and proper in the circumstances of

the case…”

2. Heard Mr.V.Raghunath, learned counsel for the petitioner and

Mr.D.Pradeep, learned Assistant Government Pleader for Home.

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3. Learned counsel for the petitioner submits that the husband of

the petitioner, who was an under trial prisoner at the relevant time,

was allegedly handcuffed while being escorted and produced before

the Court by the escort police. Aggrieved by the said action, the

present writ petition has been filed seeking appropriate directions from

this Court. However, learned counsel for the petitioner fairly submits

that the petitioner's husband was subsequently released on bail and,

in view of the said development, the petitioner is not pressing the writ

petition as on date.

4.1. Learned Assistant Government Pleader for Home, on

instructions, submits that there were no specific instructions issued to

the escort police directing that the petitioner’s husband be handcuffed.

However, it is submitted that the said person was involved in offences

under the Narcotic Drugs and Psychotropic Substances Act, 1985

(NDPS Act), which are considered serious in nature. In this context,

reliance is placed upon Chapter XXXI, Rule 741(4) of the Prison

Rules, which provides that the police officials entrusted with escort

duties are responsible for the safe custody of prisoners while

escorting them from prison to Court and back, until they are safely

lodged again in the prison.

4.2. It is further submitted that Rule 19 of the Andhra Pradesh

Prisoners’ Attendance in Courts Rules, issued under the Prisoners

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(Attendance in Courts) Act, 1955 vide G.O.Ms. No.1793 dated

12.12.1977, stipulates that prisoners shall ordinarily not be handcuffed

unless there are reasonable grounds to apprehend escape, violence,

or resistance, particularly having regard to the nature of the offence,

the character or conduct of the prisoner, or other relevant

circumstances. According to the respondents, considering the

seriousness of the offences alleged under the NDPS Act and the

responsibility cast upon the escort police to ensure safe custody, the

escort personnel handcuffed the petitioner’s husband in the discharge

of their official duties and as a precautionary measure.

4.3. It is also brought to the notice of this Court that the petitioner’s

husband was subsequently released on bail on 08.07.2018 in

connection with the subject case. In view of the said development,

learned Assistant Government Pleader submits that no further

adjudication is necessary and prays for appropriate orders.

5. I have perused the material available on record.

6. Having regard to the grievance expressed by the petitioner

regarding the alleged handcuffing of her husband while he was an

undertrial prisoner, the explanation offered by the respondents with

reference to the relevant statutory rules governing escort and custody

of prisoners, and the fact that the