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Handcuffing allegations false: court

Legal Correspondent

Supreme Court tells counsel: “Facts suppressed; you are tarnishing image of judiciary”

New Delhi: The Supreme Court on Monday took exception to the insinuations made by a lawyer against a Division Bench of the Allahabad High Court alleging that it had allowed handcuffing and parading of an advocate, who died later.

Chief Justice K.G. Balakrishnan, heading a three-judge Bench told advocate Aeltemesh Rein: “You are tarnishing the image of judiciary as a member of the Bar. You have done great injustice. You have suppressed material facts.”

The petitioner alleged that S.K. Awasthi, serving a month-long imprisonment for contempt of court, died after he was illegally chained, handcuffed and tortured by jail authorities. During the last hearing, Justice Balakrishnan asked the petitioner to file an affidavit confirming the averments made in the petition.

On Monday, Justice Balakrishnan said: “Your affidavit is sketchy and you have not given any details. The allegations levelled by you are absolutely false. We will not entertain this matter. You have not stated that the wife of the deceased advocate was given a compensation of Rs. 3 lakh and a job.”

When the Chief Justice asked whether it was the judges who caused injury to the deceased advocate, Mr. Rein said, “The injury was inflicted by the inmates of jail. Post mortem mentioned the injury marks.” Denying the allegation, Justice Balakrishnan told him “at least a lawyer should not file such a petition.”

Violations

In its order, the Bench, which included Justices P. Sathasivam and J.M. Panchal directed the High Court to treat this as a writ petition and dispose of it in accordance with the law. If the allegations were found to be wrong, the High Court could take appropriate action against the petitioner.

The petition alleged that High Court judges B.S. Chauhan (now Chief Justice of the Orissa High Court) and Arun Tandon, who punished Awasthi for contempt, had themselves committed contempt by violating the directions given by the apex court in 1998 that an accused could be handcuffed only in exceptional cases.

But, the petition said, Awasthi was handcuffed and produced before the Bench on all days of hearing, nine or 10 days.

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