DAISY Vs. STATE

JUDGEMENT

(1.) THE petitioner has filed this Habeas Corpus Petition seeking direction to the respondent not to handcuff her husband detenu Bishop anand Raj during his transit to Court.

(2.) HEARD counsel for the parties.

(3.) WE may note that the above rule is subject to the following directions of the Supreme Court in 1995 (3) SCC 743 [cited supra] in paragraph no. 20, which is as follows:- "20. Where a person is arrested by the police without warrant the police officer concerned may if he is satisfied, on the basis of the guidelines given by us in para above, that it is necessary to handcuff such a person, he may do so till the time he is taken to the police station and thereafter his production before the Magistrate. Further use of fetters thereafter can only be under the orders of the Magistrate as already indicated by us".