In a setback to the State Government, more particularly to the Commissionerate Police, the Orissa High Court on Wednesdayrefused to issue any direction allowing the police to handcuff the mafia Dhalsamant brothers during transit on their police remand.
Upholding the order passed by Cuttack Sadar SDJM Court in this connection on February 16, the High Court decided that the investigating officer (IO) may make arrangements for better escort and security.
“No general direction can be issued at present for handcuffing the opposite parties (Sushant and Sushil Dhalsamant) while taking them to different places for the purpose of investigation,” said Justice BK Nayak in his order that had been kept reserved on Monday.
The High Court observed that “...there is no material before this court to suggest that they (the brothers) were attempting to escape from the custody or creating situation either by themselves or through their supporters or henchmen to escape from custody.”
Nevertheless, relying on two decisions of the Supreme Court in the case of Prem Shankar Shukla Vs Delhi Administration in 1980 and in the case of Citizens of Democracy Vs State of Assam in 1995, the High Court gave the same leeway to the IO to act accordingly to the need of the situation.
“It is open to the IO to handcuff the opposite parties if the situation so demands during their journey to different places for the purpose of investigation and such action shall have to be justified later before the learned SDJM (S), Cuttack,” the High Court said in its five-page judgment.
It may be mentioned that while granting police remand, the SDJM had on three occasions rejected the IO’s plea to handcuff the brothers on the ground that the IO has failed to give any convincing reasons for it. Challenging the lower court’s order, the Government had approached the HC to allow the police to handcuff the brothers.
Objecting to the petition of the Government, the brothers’ counsel Soura Chandra Mohapatra had stated that neither the past conduct nor the conduct after the present arrest justifies handcuffing the brothers.