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| Court strict on handcuffing accused | | Amandeep Murder case | | EARLY TIMES REPORT
Jammu, Aug 12: The Principal Sessions Judge Jammu Mr. AK Shan today dismissed two applications filed by Former SSP Jammu Manohar Singh and Sultan Mehmood Mirza then SHO seeking direction to Superintendent Central Jail Kot-Bhalwal Jammu that they be not handcuffed while being brought to Court.
It is worth mentioning here that on July 27, 2010, prosecution filed application seeking direction to police authorities to bring all the accused in hand-cuff in view of peculiar facts and circumstances mentioned in the application. After taking into consideration the contents of application this court observed that in the context of allegation of aggressive behaviour of the accused as noticed after the close of proceedings on the last of day of hearing, handcuffing of the accused appears to be imperative and indispensable. This order was conveyed to the Superintendent Central Jail Kot Bhalwal, Jammu. On August 5, 2010 Sultan Mehmood Mirza then SHO Gandhi Nagar and Former SSP Manohar Singh who are facing trial along with other alleged accused in the much publicized murder case of Amandeep Singh seeking modification of the order of July 27, 2010 and a direction to the Superintendent Central Jail to bring them in the Court without handcuffing.
The court after hearing the parties observed that so far the judgment of the Supreme court cited by counsels for the applicants-accused is concerned, it is under the provisions of CPC and Constitution of India and not directly applicable to the facts of the present case. So far the full court judgment of J&K High court is concerned; it has taken into consideration the review power of appellate and revisional court only in respect of the order passed by such courts. More-over, in the judgment of the full court has held that criminal order can be altered or reviewed only if the same is a nullity .This court while passing the order on July 27, 2010 has passed same in the light of allegations leveled against all the accused persons for their rowdy behaviour and order has been passed after being satisfied that grounds exist for bringing the accused persons from Jail to court in hand-cuff. So the order in question can not be declared to be a nullity. Otherwise also the order can also not said to be interlocutory in nature because same has not been made for a specific period , but shall remain in force till trial of the case, if not set aside in higher court. With these observations Court dismissed both the applications. JNF
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