A local court has asked the Delhi Police Commissioner to file an inquiry report after noting that former JNU student leader Umar Khalid was produced before a court in the Delhi riots ‘larger conspiracy’ case in handcuffs despite previous orders against the same.
Additional Sessions Judge Amitabh Rawat passed the order on Thursday after Mr. Khalid’s counsel Trideep Pais moved an application stating that his client was produced before the court by police officers of lock-up, Karkardooma courts, in handcuffs despite two contrary orders being passed by two different courts.
The two previous orders against producing Khalid in handcuffs or fetters were passed by then Additional Sessions Judge Vinod Yadav on April 22 last year and Chief Metropolitan Magistrate Pankaj Sharma on March 7 last year and January 17 this year.
Mr. Pais argued that producing Mr. Khalid in handcuffs was a violation of the rights of the accused and an inquiry must be conducted to find fault with the “delinquent police officers”.
He pointed out that there were no such orders from the court for producing Mr. Khalid in handcuffs or fetters and further submitted that when he asked two police officers, who produced the accused, why the same was done, “they removed the fetters”.
In his order, ASJ Rawat noted: “It needs no reiteration that an undertrial remains in custody of the court throughout the proceedings and any step of fetters/handcuffs, which are extreme steps, can only be taken after a court allows the same on a request or an application containing reasons.”
He further said the court had passed no such orders for Mr. Khalid or any other accused in the Delhi riots ‘larger conspiracy’ case. Also, the investigating agency — Delhi Police Special Cell — had never moved such an application, he added.
Notice to DG, Prisons
“In view of the above stated circumstances and the seriousness of the issue, this court deems it fit to bring the said lapses, if say, to the notice of the worthy Commissioner of Police, Delhi, who may file a report after inquiry through any responsible senior officer whether the accused, Umar Khalid, was brought in the handcuffs today, and, if so, on what grounds/orders,” the order read. The court also issued a notice to Director-General (Prisons) to inform the court whether any such orders were passed from their end.
