"Completely Bereft Of Reasons": Delhi Court On Authorities' Plea For Producing Umar Khalid, Khalid Saifi By Handcuffing In Both Hands

A Delhi Court on Thursday sought report from the Delhi Police, Special Cell and the Jail Superintendent to produce Umar Khalid and Khalid Saifi in "handcuffs in both hands from back side" on the grounds of being "high risk prisoners". Khalid and Saifi are accused in connection with the Delhi riots that broke out in the national capital last year.

The two applications, pertaining to FIR 101/2020, were filed by the Lock-Up, Karkardooma District Courts, Delhi, thereby seeking to produce both Khalid and Saifi in handcuffs by stating them to be high risk prisoners. The said applications were filed in view of the decision taken by the senior police officer of the Delhi Police.

During the course of hearing, Special Public Prosecutor Manoj Chaudhary was asked by Additional Sessions Judge Vinod Yadav about the meaning of a "high risk prisoner" and if the same has been defined in the jail manual, Punjab Police Rules or the circulars issued by Delhi Police.

Noting that both the applicants were already admitted bail in the case (FIR 101/2020), the Court was of the view that it is presumed in such a case that the bail order are within the "knowledge of senior police officers of Delhi Police".

"The instant applications are completely bereft of the reason(s), prompting the senior police officer(s) to take a decision to move such application(s). For want of material/reason(s) in respect of the applications in question, this Court is at a loss to consider the grant of prayer(s) in these applications." The Court observed at the outset.

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In view of this, the Court directed the Special Cell and the Superintendent Jail to submit report for communicating reasons for moving such applications.

The case will now be heard on 6th May 2021.