Delhi Police Approaches Supreme Court Seeking To Relax Directions Prohibiting Handcuffing Of Arrested Persons, Undertrials To Ensure Safe Transit In Pandemic

An urgent listing Application has been filed by the Delhi Police in the Supreme Court requesting it to relax the directions issued by the Apex Court prohibiting Handcuffing of arrested persons and other Undertrial Prisoners till the time the pandemic subsides so as to ensure safe transit while they are being escorted.

The present application has been filed in the suo moto matter i.e. In Re: Contagion of Covid 19 Virus in Prisons registered by the Court last year.

The plea in this regards reads thus:

"It is respectfully submitted that the present applications for impleadment and directions is being preferred seeking relaxation of directions issued by this Hon'ble Court prohibiting handcuffing of arrested persons and undertrial prisoners till such time the Covid-19 pandemic subsides in order to ensure safe transit between jail/police station and courts while producing/escorting the undertrial prisoner/arrested person before the Courts, Hospitals and other places during custody parole, investigation etc."

Furthermore, the plea also states that there is an apprehension that such a transit of undertrial prisoners between jail and courts by holding their hand moving in close proximity will expose both the prisoner as well as the police personnel to Covid-19 virus.

"It will be unsafe to hold the prisoner/accused by hand in close proximity. Further, even if the police personnel wear the gloves, it will not give the sufficient grip to hold the prisoner/accused, even in that event they have to move in close proximity and cannot ensure social distancing norms. Therefore, if they are handcuffed, the police personnel escorting them can hold them from a distance, thereby ensuring safe distancing." The plea states.

The plea also highlights that many of the police of the Delhi Police have already lost their lives due to the coronavirus and this also puts their respective family members to the risk.

"Therefore, it is respectfully prayed that during this extra-ordinary situation this Hon'ble Court may consider balancing the right to dignity of the undertrial prisoner/accused and the life and safety of both prisoner/accused and police personnel wh o accompany them during transit between jail/police station to courts and help reduc ing the risk of infection from spreading." The plea prays.

The following prayer is sought:

- allow the present application and list I.A.No.78680/2020, IA No. 79197 /2020 filed in SUO MOTU WRIT PETITION (C) NO. 1/2020 for hearing before the Hon'ble Court urgently, and

- pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.