New Delhi, Feb 11 (UNI) In a landmark judgment, the Supreme Court declared an arrest by the Haryana Police as illegal, citing the police’s failure to inform the detainee of the grounds of arrest.
The Court expressed shock over the inhuman treatment meted out to the appellant, who was handcuffed and chained to a hospital bed while in police custody.
A bench comprising Justice Abhay S. Oka and Justice N. Kotiswar Singh set aside a Punjab & Haryana High Court decision that had upheld the appellant’s arrest.
The Supreme Court observed that such treatment blatantly violated the detainee’s fundamental right to live with dignity under Article 21 of the Constitution.
“Before we part with this judgment, we must refer to the shocking treatment given to the appellant by the police. He was taken to a hospital while handcuffed and chained to the bed. This is a violation of the fundamental right under Article 21. The right to live with dignity is a part of the rights guaranteed under the Constitution,” the Court stated.
In a strong directive to prevent such violations, the Supreme Court ordered the Haryana Government to issue comprehensive guidelines to ensure strict compliance with constitutional safeguards under Article 22. The Court emphasized that, if necessary, the state must amend existing rules to prevent future incidents.
The directives included ensuring that police personnel refrain from handcuffing and chaining detainees to hospital beds, Strict adherence to constitutional safeguards as stipulated under Article 22 and Revise rules and departmental guidelines if required to uphold detainee rights.
The Bench said that the state authorities should respect and uphold constitutional rights, especially concerning the treatment of those in custody.
