Lawyer Moves NHRC Over 'Malicious Use' Of Power By Mumbai Police For Allegedly Handcuffing Sameet Thakkar
A complaint has been filed before the National Human Rights Commission, seeking appropriate action against the Mumbai Police for allegedly violating the human rights of BJP sympathizer, Sameet Thakkar, arrested recently for making derogatory remarks against Maharashtra CM Uddhav Thackeray and his son, State Minister Aaditya Thackeray. The complaint has been filed by Advocate...
A complaint has been filed before the National Human Rights Commission, seeking appropriate action against the Mumbai Police for allegedly violating the human rights of BJP sympathizer, Sameet Thakkar, arrested recently for making derogatory remarks against Maharashtra CM Uddhav Thackeray and his son, State Minister Aaditya Thackeray.
The complaint has been filed by Advocate Siddharth Shankar Dubey, alleging that a video has surfaced on the internet, shared by Thakkar's bother, whereby Mumbai Police can be seen dragging Thakkar by a rope, with his head sheathed with a black cloth.
The incident is alleged to have occurred on 24th October 2020, when Thakkar was remanded to 4-days Police custody by a Nagpur Court, for alleged commission of offences under Sections 292, 500 of the IPC and Section 67 of the IT Act.
Emphasizing that "compulsive handcuffing" of accused persons by escorts is disapproved by the Apex Court of the country, the Complainant has stated that the actions of the Mumbai Police are objectionable and unlawful.
He has thus sought an action against the errant Police officials under Section 200 of IPC— Commitment for trial or confinement by person having authority who knows that he is acting contrary to law.
The Complainant has pointed out that as per the Supreme Court's verdict in Prem Shankar v. Delhi Administration, Handcuffs are to be used only if a person is:
- involved in serious non-bailable offences,
- has been previously convicted of a crime; and/or
- is of desperate character- violent, disorderly or obstructive; and/or
- is likely to commit suicide; and/or
- is likely to attempt escape.
Thus, the question which arises for the Commission's consideration is whether, handcuffing via ropes and sheathing the face with black cloth is permissible if a person is accused under Sections 292, 500 of IPC and Section 67 of the IT act.
In this regard, the Complainant has submitted that "Defamation being a bailable offence and the victim exhibiting no signs of the traits mentioned in the directives disapproves the act done by Maharashtra Police."
It is contended that the impugned actions of the Mumbai Police are contrary to the principles laid down by the UN General Assembly in the Universal Declaration of Human Rights 1948, which focuses on human dignity and deprecates imparting of degrading treatment to any human being.
Further, it is submitted that the Police could not have handcuffed Thakkar, without taking permission from the concerned Magistrate, as ordered by the Supreme Court in Citizens For Democracy v. State Of Assam, 1995 SCC 743.
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