"They Are Not Previous Convicts, Not Even Gangsters": Delhi Court Rejects Plea For Producing Umar Khalid, Khalid Saifi By Handcuffing

Turning down the plea of authorities to produce Umar Khalid and Khalid Saifi by handcuffing in both hands on grounds of being "high risk prisoners", a Delhi Court recently observed that they were neither previous convicts nor even gangsters and that the application was filed "without application of mind by the high echelon of Delhi Police and prison authority." 

Umar Khalid and Khalid Saifi are accused in connection with the Delhi riots that broke out in the national capital last year.

Additional Sessions Judge Vinod Yadav ordered thus:

"The accused persons, who are sought to be produced in fetters and handcuffs are admittedly not previous convicts. They are not even gangsters. The applications appear to have been filed in a mechanical manner, without application of mind by the high echelon of Delhi Police and prison authority."

The development came in the the two applications, pertaining to FIR 101/2020, 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.

In view of the previous order of the Court, report was sought from the Delhi Police, Special Cell and the Jail Superintendent. Consequently, replies were filed by the authorities.

As per the reply filed by Superintendent of Prison, Tihar jail qua accused Umar Khalid, it was stated that using/producing an accused in handcuff does not fall under the jurisdiction of jail administration.

According to the reply received by Addl. DCP, Special Cell for both the accused persons, it was stated that no such application, seeking to produce both the above named accused in 'handcuffs in both hands from back side' is filed by the undersigned before any court or before any other authority.

Analysing the replies filed in the matter, the Court observed thus:

"A joint reading of the stand(s) taken by the aforesaid authorities in their respective replies show that the material on the basis of which the aforesaid applications were filed is devoid of merits. The Delhi Prison Rules are silent about the handcuffing and putting fetters upon the prisoners."

Rejecting the application, the Court observed:

"Be that as it may, since now fresh Covid protocols have been notified in Delhi and even the minutes of High Powered Committee dated 04.05.2021 are in place, now the accused persons are not being produced in Court physically, therefore, these application(s) at this stage are not required. The applications are accordingly dismissed as not required at this stage."

Title: State v. Umar Khalid

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