Handcuffing & Chaining Accused To Hospital Bed Shocking: Supreme Court Directs Haryana Govt To Issue Guidelines To Police

Declaring an arrest illegal due to the police's failure to inform the detainee of the grounds of arrest, the Supreme Court, shocked by the Haryana Police's treatment—handcuffing and chaining him to a hospital bed- ordered the state to issue guidelines preventing such actions and ensuring strict compliance with Article 22, with rule amendments if necessary.A bench of Justice Abhay S Oka and Justice N Kotiswar Singh recently delivered a verdict setting aside the Punjab & Haryana High Court's decision refusing to set aside the illegal arrest of the Appellant. The Court was apprised of the bad and inhuman treatment given to the Appellant (while he was in illegal detention) by the Haryana Police when he was taken to the Hospital. He was handcuffed and his legs were chained to a hospital bed. Criticizing the police's treatment towards the Appellant, the Court said that his fundamental right to live with dignity under Article 21 of the constitution was compromised. “Before we part with this judgment, we must refer to the shocking treatment given to the appellant by the police. He was taken to a hospital while he was handcuffed and he was chained to the hospital bed. This itself is a violation of the fundamental right of the appellant under Article 21 of the Constitution of India. The right to live with dignity is a part of the rights guaranteed under Article 21. We, therefore, propose to direct the State Government to issue necessary directions to ensure that such illegalities are never committed.”, the Court observed.“The State of Haryana shall issue guidelines/departmental instructions to the police (i) to ensure that the act of handcuffing an accused while he is on a hospital bed and tying him to the hospital bed is not committed again. (ii) to ensure that the constitutional safeguards under Article 22 are strictly followed. If necessary, the State Government shall amend the existing Rules/guidelines;..”, the court ordered.Also From Judgment: Arrest Illegal If Reasons Not Informed; When Art 22(1) Is Violated, Court Must Grant Bail Despite Statutory Restrictions : Supreme Court Article 22(1) | Informing Relatives About Arrest Isn't Compliance Of Duty To Inform Arrestee Of Grounds Of Arrest : Supreme CourtCase Title: VIHAAN KUMAR Versus THE STATE OF HARYANA AND ANR, SLP(Crl) No. 13320/2024 Citation : 2025 LiveLaw (SC) 169 Click here to read/download the judgment

Handcuffing & Chaining Accused To Hospital Bed Shocking: Supreme Court Directs Haryana Govt To Issue Guidelines To Police

Yash Mittal

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