GURDEEP SINGH Vs. CENTRAL JAIL

JUDGEMENT

(1.) These two letter petitions bearing SBCWP No. 1204/91 and SBC W P No.1205/91 have been received from petitioners, who are undergoing imprisonment in Central Jail, Jaipur and District Jail, Bharatpur respectively.

(2.) It has been submitted in WP No 1204/ 91 that, petitioner is handcuffed when taken to Hospital for treatment. In WP No.1205/ 91, it has been mentioned that petitioner is handcuffed when taken to Court at Ajmer in another criminal proceedings pending against him. It has been submitted by the petitioners that they should not be handcuffed while taking to Hospital/Court.

(3.) It is submitted by Shri Yameen Khan, on behalf of Shri M.I. Khan, that an order was passed by this Court on 5-1-89 in D B Civil Writ Petition No. 2258/88 Phool Chand v. State in which a direction was given that whenever any convict/ under trial prisoner is taken to any Court for evidence or medical treatment to any other place, such accused persons should not be handcuffed unless there are special reasons of security. It is also pointed out by learned counsel that in obedience to the directions of this Court, Government of Rajasthan vide its circular dated 17/03/1989 has issued general directions in this respect to all Jail and Police Authorities.