Noticing that a person was unlawfully handcuffed after arresting him based on warrant issued in a cheque dishonour case, the High Court of Karnataka has directed the State police chief endeavour to make available body cameras to all police officers, who are authorised to arrest a person, so that the manner of arrest is recorded.
The High Court also said that cameras should also be equipped with microphone to record the conversations that take place at that particular point of time, and both the audio and the video recording of the process of arrest has to be retained at least for a period of one year from the date of recording.
A Standard Operating Procedure should also be prepared by the State police chief in this regard and suitable training to be provided to such officers on using body cameras, the High Court said.
Justice Suraj Govindaraj issued the direction while allowing a petition filed by 30-year-old Suprit Ishwat Divate of Chikkodi in Belagavi district seeking compensation for unlawfully handcuffing him in public place. The petitioner had produced video recorded by one his friends using a mobile phone to prove that he was handcuffed.
He was handcuffed by the jurisdictional police while arresting him based on a non-bailable warrant issued by a trial court in Chikkodi taluk in 2019 for not appearing in a cheque dishonour case lodged against him under the Negotiable Instruments Act, 1881.
Pay compensation
The High Court directed the State government to pay a compensation of ₹2 lakh to the petitioner while observing that there was no justifiable reason for handcuffing him as provided either in the law or in the guidelines issued by the apex court.
While declining to accept the contention of the government that the petitioner was handcuffed as there were not enough police personnel, in view of vacancies, to safeguard and prevent the escape, the High Court said the Government and the State police chief have to take steps to fill vacant posts in a time-bound manner.
Reiterating the apex court’s guidelines on handcuffing, the High Court made it clear that no person, whether being an accused, under trial prisoner or convict, shall be handcuffed unless the reason for the same is recorded in the case diary or the relevant record as to why such a person is required to be handcuffed.
The High Court has also reminded the trial courts of their duty to enquiry with accused persons, on their production by the police, whether they were handcuffed or not, and seek explanation from the police and verify legality of such action.
