Skip to main content
Sabrang
Sabrang
Freedom Rule of Law

Delhi court rejects application to handcuff Umar Khalid & Khalid Saifi

The court observed that the applications were filed without application of mind and were devoid of merits

Sabrangindia 08 Jun 2021

Image Courtesy:jansatta.com

A sessions court in Delhi has dismissed applications filed by Delhi Police seeking permission to handcuff Umar Khalid and Khalid Saifi while producing them before the court for trial. The Assistant Sessions Judge, Karkardooma, Vinod Yadav held that neither of the accused are gangsters, nor are they previous convicts, and the applications appear to have been filed without application of mind.

During the April 22 hearing, the court had called the application to be completely bereft of the reason(s), prompting the senior police officer(s) to take a decision to move such application(s). The court had thus directed the DCP (Special Cell) as well as Jail Superintendent to communicate the reasons for moving such applications before the court.

The Jail Superintendent of Mandoli Jail where Khalid Saifi is lodged mentioned that it is not a high risk jail, and has no high risk cells or barracks. The Jail Superintendent of Tihar jail where Umar Khalid is lodged mentioned that producing accused in handcuffs does not come under jurisdiction of jail administration. The DCP Special Cell filed a response stating that no such application to present in handcuffs has been moved by him before any court. 

On the other hand, DCP, 3rd BN justified that the application moved as there was attempt made by armed assailants to free an undertrial prisoners Kuldeep on March 25 and hence, it was decided to request the court for permission to handcuff high risk prisoners who are prone to escape or attempts may be made to free them.

The court, after perusing the responses held that the material on the basis of which the applications were filed is devoid of merits.

“The Delhi Prison Rules are silent about the handcuffing and putting fetters upon the prisoners. The accused persons, who are sought to be produced in fetters and handcuffs are admittedly not previous convicts. They are not even gangsters. The applications appear to have been filed in a mechanical manner, without application of mind by the high echelon of Delhi Police and prison authority,” the court observed.

Further, the court pointed out that in view of fresh Covid protocols the accused persons are not required to be produced before the court physically hence, these applications are not required. The court, thus, dismissed the applications.

On April 15, Dr. Umar Khalid was granted bail by ASJ Yadav in the Delhi violence case after noting that he cannot be incarcerated on the basis of sketchy material. However, he remains in jail under stringent UAPA charges for being part of a larger conspiracy in the north east Delhi violence case of 2020.

The order may be read here:

Related:

Application for production of Umar Khalid and Khalid Saifi in handcuffs ‘bereft of reasons’: Delhi Court
Delhi violence: “Police on wrong side of law”, Court calls out Delhi police for incorrectly clubbing FIRs
Delhi violence: HC grants bail as CCTV video to identify accused differs from video shown in trial court

Delhi court rejects application to handcuff Umar Khalid & Khalid Saifi

The court observed that the applications were filed without application of mind and were devoid of merits

Image Courtesy:jansatta.com

A sessions court in Delhi has dismissed applications filed by Delhi Police seeking permission to handcuff Umar Khalid and Khalid Saifi while producing them before the court for trial. The Assistant Sessions Judge, Karkardooma, Vinod Yadav held that neither of the accused are gangsters, nor are they previous convicts, and the applications appear to have been filed without application of mind.

During the April 22 hearing, the court had called the application to be completely bereft of the reason(s), prompting the senior police officer(s) to take a decision to move such application(s). The court had thus directed the DCP (Special Cell) as well as Jail Superintendent to communicate the reasons for moving such applications before the court.

The Jail Superintendent of Mandoli Jail where Khalid Saifi is lodged mentioned that it is not a high risk jail, and has no high risk cells or barracks. The Jail Superintendent of Tihar jail where Umar Khalid is lodged mentioned that producing accused in handcuffs does not come under jurisdiction of jail administration. The DCP Special Cell filed a response stating that no such application to present in handcuffs has been moved by him before any court. 

On the other hand, DCP, 3rd BN justified that the application moved as there was attempt made by armed assailants to free an undertrial prisoners Kuldeep on March 25 and hence, it was decided to request the court for permission to handcuff high risk prisoners who are prone to escape or attempts may be made to free them.

The court, after perusing the responses held that the material on the basis of which the applications were filed is devoid of merits.

“The Delhi Prison Rules are silent about the handcuffing and putting fetters upon the prisoners. The accused persons, who are sought to be produced in fetters and handcuffs are admittedly not previous convicts. They are not even gangsters. The applications appear to have been filed in a mechanical manner, without application of mind by the high echelon of Delhi Police and prison authority,” the court observed.

Further, the court pointed out that in view of fresh Covid protocols the accused persons are not required to be produced before the court physically hence, these applications are not required. The court, thus, dismissed the applications.

On April 15, Dr. Umar Khalid was granted bail by ASJ Yadav in the Delhi violence case after noting that he cannot be incarcerated on the basis of sketchy material. However, he remains in jail under stringent UAPA charges for being part of a larger conspiracy in the north east Delhi violence case of 2020.

The order may be read here:

Related:

Application for production of Umar Khalid and Khalid Saifi in handcuffs ‘bereft of reasons’: Delhi Court
Delhi violence: “Police on wrong side of law”, Court calls out Delhi police for incorrectly clubbing FIRs
Delhi violence: HC grants bail as CCTV video to identify accused differs from video shown in trial court

Related Articles

Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

Pan India

Theme

2020

Milestones 2020

In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
Migrant Diaries

Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.
Delhi HC

Hate Speech and Delhi Pogrom 2020

A spate of provocative speeches, that amount to hate speech in law and should be prosecuted allowed blood letting to spill on the streets of north east Delhi in February-March 2020
hashimpura

Hashimpura Massacre

The Lemmings of Hashimpura

Campaigns

Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

Pan India

IN FACT

Analysis

2020

Milestones 2020

In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
Migrant Diaries

Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.
Delhi HC

Hate Speech and Delhi Pogrom 2020

A spate of provocative speeches, that amount to hate speech in law and should be prosecuted allowed blood letting to spill on the streets of north east Delhi in February-March 2020
hashimpura

Hashimpura Massacre

The Lemmings of Hashimpura

Archives