Citizen for Democracy vs State of Assam

Citizen for Democracy vs State of Assam Case Point

DATE OF JUDGMENT: 01/05/1995 

In the case of Citizen for Democracy vs State of Assam the Supreme Court of India expressed serious concern over the violation of the law laid down by the Court in Prem Shankar Shukla case against handcuffing of under trial or convicted prisoners by the police authorities. In the present case Mr. Kuldip Nayar who was an eminent journalist in his capacity as president of "Citizen for Democracy" through a letter brought out the notice of the Supreme Court that the seven TADA detenues lodged in the hospital in the State of Assam were handcuffed and tied with a long rope to check their movement. Security guards were also posted outside the hospital. The Court treated the letter as a letter petition in its epistolary jourisdiction under Article 32 of the Constitution of India and held that handcuffing and in addition tying with ropes of the patient prisoners who are lodged in the hospital is inhuman and in violation of human rights guaranteed to an individual under international law and the law of the land. Where a person is arrested by the Police without warrant and the police officer is satisfied on the basis of the above guidelines that it is necessary to handcuff such a person he may do so till the time he is taken to the police station and thereafter his production before the Magistrate. Further use of fetters thereafter can only be under the orders of  Magistrate. The Magistrate may grant the permission to handcuff the prisoner in rare case. The Court clearly pointed out that violation of directions from law.

Citizen for Democracy vs State of Assam Case is an important case law for UPSC Exam, University Exam for LLB and Lawyers.


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