The Court was dealing with pleas alleging that arrested persons were being taken through public places with ropes tied around their waists and, in certain instances, in a state of partial undress. The petitioners contended that such treatment violated the dignity and fundamental rights guaranteed to accused persons under the Constitution.
During the hearing, counsel for the petitioners informed the Court that a complaint had also been lodged before the National Human Rights Commission regarding the alleged incidents.
Appearing for the State, counsel submitted that in some situations such measures were adopted to ensure the presence of accused persons. However, it was stated that the authorities had taken note of the incidents cited in the petitions and reports had already been sought.
In a connected matter, counsel submitted that there had been at least three such instances involving accused persons being paraded with ropes tied around their waists. Taking note of the submission, the Court directed the State to file a report explaining the circumstances in which such methods were employed.
The Court specifically sought an affidavit detailing “the circumstances and the manner which led to the use of such methods to put a rope around that person.”
At one stage, the State submitted that in certain cases accused persons were required to be taken from shop to shop as part of the investigation process. The Court responded sharply, remarking:
“This is how an animal is treated… unless you are sure he will abscond you cannot do this… you must sensitise your officers.”
The petitioners further alleged that in one of the instances the accused persons had been paraded in a half-naked condition. The State responded that the clothes worn by the accused had been provided from their homes. The Court, however, directed the State to place its version on record through a report.
The matter stems from a plea moved before the High Court seeking directions against the police practice of publicly parading accused persons with ropes tied around their waists. According to reports, the petition raises concerns over recent incidents in which arrested individuals were allegedly taken through public places in such a manner, undermining their dignity and constitutional protections.
The plea was initially mentioned before Justice Ajoy Kumar Mukherjee by advocate Sabyasachi Chatterjee and was subsequently taken up by the vacation bench of Justice Hiranmay Bhattacharya on June 3.
One of the incidents referred to in the petition reportedly involved four accused persons being paraded in Kolkata’s Park Circus area following their arrest.
The petition seeks directions restraining police authorities from resorting to such practices and for ensuring that arrested persons are treated in accordance with constitutional safeguards and established legal procedures.
After hearing the parties, the Court directed the State to file affidavits explaining the alleged incidents and the circumstances that led to the use of ropes while escorting accused persons.
Case: SHIB SANKAR ADHIKARI VS STATE OF WEST BENGAL AND ORS
