Punjab & Haryana High Court Imposes Rs 1 Lakh Cost In Contempt Case Against Police Officer For Handcuffing Accused

The Punjab & Haryana High Court imposed a cost of Rs 1 lakh on a police officer who had handcuffed Suresh Kumar Satija, an Akali Dal member, while taking him to market in connection with investigation in a 2018 forgery case.

"Considering the fact that the petitioner was handcuffed by the respondent, the respondent is directed to pay a cost of Rs.1,00,000/-, which will be deposited in the Punjab and Haryana High Court Employee’s Welfare Association. However, it will have no bearing on service carrier of respondent," said Justice Arvind Singh Sangwan in the order. 

The court was hearing the contempt petition filed in 2018 by Suresh Kumar Satija against Balwinder Singh Touri, the then Additional SHO of Police Station Bahawala for violation of high court's directions against handcuffing in World Human Rights Protection Council v.State of Punjab & Ors and Gurmeet Singh v. State of Punjab & Ors.

Justice Sangwan said that it is apparent on record that the petitioner was handcuffed by Touri when during the course of investigation he was taken to the shop of his sons at Abohar.

"It has also come on record that a number of persons gathered at the spot and, therefore, the respondent decided to handcuff the petitioner so as to prevent him from escaping from the police custody,” it added.

The petitioner claimed that while he was produced in the court, he was subjected to humiliation as he was handcuffed and forced to walk through the local market. He argued that this action violated two prior orders that stipulate that handcuffing individuals is a cruel and degrading act and should only be used in exceptional circumstances.

On the other hand, the counsel representing Touri submitted that during the investigation, the petitioner was taken to his sons' shop where his two sons, who are advocates. and several supporters were present. It was further submitted that the respondent apprehended that they intended to interfere with the investigation because the government vehicle was stopped from moving towards the shop. Therefore, as a preventive measure, the petitioner was put in handcuffs, he argued.

He further contended that enquiry was conducted by a team of senior police officials, who came to a conclusion that he handcuffed the accused keeping in view the situation at the spot and has not violated the directions of the Court.

It was also highlighted that the petitioner is involved in as many as 10 FIRs.

The counsel for State submitted that since the petitioner is a habitual offender and there was apprehension that he may escape from the judicial custody and the sons of the petitioner had gathered a huge crowd at the spot, the petitioner was handcuffed as a preventive measure.

While Satija submitted he is ready to pay a cost of Rs.1,00,000 to Touri, the petitioner submitted that he does not want any compensation, however, a heavy fine be imposed on the respondent for violating the judgment passed by the Supreme Court regarding handcuffing of a prisoner. It was also submitted that he should be held guilty of the contempt.

After hearing both sides, the court concluded that Touri, being the investigating officer, had taken the petitioner to his sons' shops in Abohar during the investigation.

The court noted that at the spot, a large number of people had gathered and tried to stop the government vehicle from proceeding further, due to which Touri decided to handcuff Satija

"Even the report of the Special Investigating Team has exonerated the respondent in this regard and there is nothing on record that the petitioner had challenged the Special Investigating Team’s report before any higher authority," said the court. 

However, the court said since Touri was handcuffed by Satija, he is directed to pay a cost of Rs.1,00,000. 

Case Title: Suresh Kumar Satija v.Balwinder Singh Touri

Counsel for Petitioner:K.B. Raheja

Counsel for Respondent:Sandeep Khunger,Ayush Sarna

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