'They are not past convicts, not even gangsters, can't cuff them'
New Delhi: They are admittedly not previous convicts or even gangsters, a Delhi court has noted while ripping apart Delhi Police's application seeking to handcuff former JNU student Umar Khalid and United Against Hate founder Khalid Saifi as they were "high-risk prisoners" and also observed that the same was "devoid of merits" and filed without an "application of mind".
The scathing observation was made by Additional Sessions Judge Vinod Yadav in response to the police's application before court where it had termed both the Delhi riots UAPA accused as "high-risk prisoners" who should be brought to the courtroom with "handcuffs in both hands from back side".
The application, moved by DCP (3rd Battalion), Delhi Police, stated that in the aftermath of an attempt to free undertrial prisoner Kuldeep alias Fajja from custody at GTB Hospital on March 25 by armed assailants, it was decided to request court for permission to handcuff high risk/sensitive UTPs who might escape or attempts can be made by their gang members to free them. The police plea had hence asked permission to handcuff the duo.
The court had earlier sought response from the Superintendent of Central Jails at Tihar and Mandoli Prison where Khalid and Saifi are lodged respectively. Both the replies mentioned how there were security concerns regarding them and hence they should be brought to the court premises in handcuffs as per Delhi Prison Rules.
Significantly, Additional DCP (Special Cell) in a response said that no such application has been moved by its office.
However, pulling up the police, ASJ Yadav stated that the replies filed by the concerned authorities "show that the material on the basis of which the aforementioned applications were filed is devoid of merits".
"The Delhi Prison Rules are silent about the handcuffing and putting fetters upon the prisoners," the court order read while noting that the accused persons who are sought to be produced in fetters and handcuffs are admittedly not previous convicts or even gangsters.
"The applications appear to have been filed in a mechanical manner, without application of mind by the high echelon of Delhi Police and prison authority," ASJ Yadav stated while dismissing the application at this stage.
ASJ Yadav had earlier too rapped senior Delhi Police officers for filing these applications which were "completely bereft" of any reason and that even the prosecutor in the case wasn't aware of any such plea being moved before court. A prosecutor in a riots case had earlier told Millennium Post that the said plea was moved directly by senior officers due to the Kuldeep Fajja episode without the prosecutor's knowledge.
