The Delhi Police has enraptured Associate in the Nursing application within the Supreme Court urging for the relief of the prohibition on handcuffing of prisoners throughout transit amid the COVID-19 pandemic.
The plea notes that if the inmates are restrained, the officers escorting them would restrain them from a distance, ensuring safe distancing.
The legal document filed by the Deputy Commissioner of Police, Third Battalion, Delhi Armed Police, Delhi Police states:
- It is understood that the transit of under-trial prisoners between jail and courts as conjoint transit of suspect persons by holding their hand acquiring shut proximity will expose each the unfortunate person moreover because the police personnel concomitant them to COVID-19.
- In such a case, it’ll be troublesome to make sure social distancing, thereby increasing the likelihood of infection. It’ll be unsafe to carry the prisoner/accused by hand in proximity.
- Even if the police personnel wear gloves, it will not offer them enough grip to hold the prisoner/accused. Even in this event, they need to close in proximity and can’t ensure social distancing norms.
- If prisoners are handcuffed, the police personnel escorting them can hold them from a distance, thereby guaranteeing safe distancing.
In view of these concerns, the Delhi Police has sought their implementation in the case concerning COVID-19 in prisons, which was taken up by the Supreme Court last year.
The Supreme Court has been asked to grant the following request:
“…as a way to make the Covid-19 pandemic go down, this Hon’ble Court’s instructions banning handcuffing of convicted individuals and under trial prisoners before the pandemic subsides…” certain secure transit among jail/police station and courts while producing/escorting the undertrial prisoner/arrested person before the Courts, Hospitals and other places during custody parole, investigation etc.”
The plea goes on to point out that there are thousands of metropolis Police personnel who are infected with the virus and are undergoing treatment. Therefore, the Court is urged to contemplate the matter by equalization the rights to life, safety and dignity of the police and also the prisoners, moreover because he got to cut back the danger of COVID-19 spread.
Someone has also demanded an early hearing within the matter, considering the sensitivity and urgency involved in the matter. The plea has been enraptured through Advocate BV Balram Das.