Delhi Court dismisses plea seeking handcuffs for Umar Khalid and Khalid Saifi
The court noted that both the accused have already been granted bail in the case pending before it, and the other matter was pending before some other judge.
A court here on Thursday dismissed the applications seeking to produce former JNU student Umar Khalid and activist Khalid Saifi, arrested in connection with the last years northeast Delhi riots, before it in “handcuffs" and sought explanation from the DCPs concerned of Delhi police for moving such plea.
The court noted that the applications were filed by Incharge, Lock-Up, Karkardooma District Courts, reportedly after “a decision was taken in the matter by so called senior police officers of Delhi Police to move such applications before the Court”.
The applications, which came up for hearing before Additional Sessions Judge Vinod Yadav, sought to produce both the accused in “handcuffs in both hands from back side”, contending that they are “high-risk prisoners”.
During the hearing, Special Public Prosecutor Manoj Chaudhary was asked about the meaning of “high-risk prisoner” and that where the same has been defined; whether in the jail manual or Punjab Police Rules or the circular(s) issued by Delhi Police. The SPP, however, submitted that he was not aware of the instant applications and, therefore, he could not take instructions in the matter.
The court noted that both the accused have already been granted bail in the case pending before it, and the other matter was pending before some other judge. “It is presumed that the bail order(s) of applicants are in the knowledge of senior police officer(s) of Delhi Police. “The instant applications are completely bereft of the reason(s), prompting the senior police officer(s) to take a decision to move such application(s),” the judge said.
He said that “for want of material/reason(s) in respect of the applications in question, this court is at a loss to consider the grant of prayer(s) in these applications.” “In this view of the matter, let report(s) be called from DCP (Special Cell), who is dealing with the investigation of case FIR No.59/2020, PS Crime Branch (pertaining to criminal conspiracy) and DCP, 3rd BN, DAP (Delhi Armed Police) to communicate the reasons for moving such application(s) before this Court. “The report be also called from Superintendent Jail concerned on these applications. Now, renotify the matter for further consideration on May 6,” the judge said. While Saifi was granted bail in the case in November last year, Khalid was granted the relief earlier this month.
The present case was registered on the statement of Constable Sangram Singh, where he stated that on February 24, 2020 at about 2 PM, a large crowd gathered on the road and started pelting stones in which he and other police officials got injured as they were thrashed by the mob.
They set the vehicles in a parking area nearby on fire, including his motorcycle of the complainant was also burnt by the rioters, he said.
The accused, however, are in jail as they were arrested in another case related to the criminal conspiracy, lodged under stringent Unlawful Activities (Prevention) Act and other sections.