THE sight of former JNU student and activist Umar Khalid being brought before a trial court in the national capital in handcuffs triggered severe criticism from the judiciary. Additional Sessions Judge Amitabh Rawat, while taking note of the illegal and arbitrary production of Khalid in handcuffs or fetters on February 17, despite there being no orders from the Court in that respect, sought a response from the Director General (Prisons) to apprise the Court on whether prison authorities had passed any such orders from their end. “It needs no reiteration that an under-trial remains in the 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," observed the Court.
Considering the seriousness of the issue, he deemed it fit to bring the lapses if any, to the notice of the Delhi Police Commissioner and directed for filing of a report, after an inquiry through any responsible senior officer, on whether Khalid was brought in handcuffs and, if so, on what grounds or orders. Khalid is accused in a case registered under the Unlawful Activities (Prevention) Act filed in connection with the 2020 North-East Delhi riots.
On the day of the hearing, Khalid was produced in handcuffs by the Delhi police in Delhi's Karkardooma Court. An application was moved on behalf of Khalid seeking a departmental enquiry into the alleged incident. Senior Advocate Trideep Pais, representing Khalid, informed the Court that there were no orders from the Court for his production in handcuffs. He drew the attention of the Court to an order passed in May last year, wherein the application for producing him in handcuffs was dismissed.
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