Kalia_Test Posted April 7, 2015 Posted April 7, 2015 ^ The police need better prison Vans . And they need to learn to handcuff and restrain prisoners to their seats. :banghead: Handcuff, handcuff, handcuff...POlice cannot handcuff undertrials as per their whims and fancies. We in India have a Supreme court and it has made many rulings http://home.bih.nic.in/faq/handcuff.html Ques: Ans : What is the law on use of handcuffs? Handcuffing -Guidelines of the Supreme Court (a) Background: The arrested person must be produced before the Magistrate within 24 hours of arrest. Thereafter the person is remanded to custody only by judicial order. The accused is taken from court to prison and from prison to court by the escort party. The escorting police party is solely responsible for escape of under trial prisoners during transit. Insurance against escape may require handcuffing when the prisoner is violent, and aggressive. Many a time handcuffs are used on extraneous consideration like punishment by humiliation or for convenience of the escort party. (b) No handcuffs in general: As a police officer is vested with power to restrain a person by handcuffing him, there is simultaneous restraint by the law on the police officer as to the exercise of the power. The handcuffs should not be used in routine manner. The minimum freedom of movement which even an under trial prisoner is entitled to under Article 19 of the Constitution, cannot be cut down cruelly by application of handcuffs or other hoops. [sunil Batra v. Delhi Administration -AIR 1978 SC 1675]. Involvement of the prisoner in a score of criminal cases is no ground for handcuffing. Nor can a person be handcuffed only because he is charged with a grave offence. It cannot be used only for the convenience of the escort party. The rules, regulations and manuals of various states authorising the police to use handcuffs have been struck down as violative of Article 14 of the Constitution of India. [Prem Shankar Shukla v. Delhi Administration -AIR 1980 SC 1535]. © Use of Handcuffs -conditions for: The handcuffs can be used by the escorting police party if the prisoner is dangerous and desperate, or if the prisoner is likely to break out of custody or play the vanishing trick. The escorting party must form the opinion on the basis of antecedents of the prisoner. [Prem Shankar Shukla v. Delhi Administration -AIR 1980 SC 1535]. The escorting authority should record contemporaneously the reasons for handcuffing an under trial prisoner even in extreme cases and intimate the court, so that the court may consider the circumstances and issue necessary directions to the escort party. [sunil Gupta v. State of M.P. -1990 SCC (Cr.) -440]. (d) Duty of Superior Officer of Police: The instructions given by the Apex Court must be obeyed from D.G. of Police to escort Constable and from I.G. of Prisons to Jail Wardens. The duty officer at the police station must ensure that an accused when brought to the police station or dispatched, the fact where he was handcuffed should be clearly mentioned alongwith reasons for handcuffing in the relevant diary of the police station. Disciplinary action should be taken against the defaulter for non-observance of the instructions of the Supreme Court. The supervisory officers at various levels are duty bound to see that the instructions of the Supreme Court are strictly complied with. [Prem Shankar Shukla v. Delhi Administration –AIR 1980 SC 1535].
Raghav_12 Posted April 7, 2015 Posted April 7, 2015 OK. Till the enquiry is done' date=' what is wrong in believing Police version? [b']Between suspected ISI militants and police, I would believe Police ( unless proved otherwise ). There is just one version available that is of Police. All 5 who could have been given other version are dead. Having said that I am all sympathatic to Police. They had all the rights to defend themselves by killing accusseds or to kill them if they were trying to flee. I am just afraid, if this is case of extra-judicial killing which this could very well be the case looking at the standard template for such cases made popular by Gujrat police, then it should be condemned. Police has no right to kill somebody because they are believed to be militant or terrorists.
Kalia_Test Posted April 7, 2015 Posted April 7, 2015 There is just one version available that is of Police. All 5 who could have been given other version are dead. Having said that I am all sympathatic to Police. They had all the rights to defend themselves by killing accusseds or to kill them if they were trying to flee. I am just afraid, if this is case of extra-judicial killing which this could very well be the case looking at the standard template for such cases made popular by Gujrat police, then it should be condemned. Police has no right to kill somebody because they are believed to be militant or terrorists. I fully understand where you are coming from but it gets irritating when Police are accused without proof. Hope the handcuff myth is busted. I am a resident of Hyderabad and frequent traveller to the places mentioned like Warangal, Aleru,etc. There is a lot more than meets the eye. Hyderabad is strategic for security many reasons. Just one link below ( will make a separate thread later some time ) to give you an idea of the threat. http://www.oneindia.com/india/safe-hide-out-al-qaeda-turning-hyderabad-into-its-stronghol-1545551.html Add to this, the Naxal issue. And both these groups - SIMI/ISI and Naxals routinely kill Police ( you will not see in MSM unless numbers are huge ) but we see in local newspapers every few days. The job of Hyd/Telangana Police is not easy at all. This particular fellow who was killed today is accused of killing many policemen too ( in addition to blasts in Gujrat,Hyderabad,etc ). No wonder Telangana Govt wants lakhs of CCTVs in the city - I have no doubt that the concerned authorities in State/Centre are in agreement of the threat of ISI/SIMI in Hyderabad and are aligned in all actions.
Raghav_12 Posted April 7, 2015 Posted April 7, 2015 http://www.ndtv.com/india-news/encounter-between-police-red-sandalwood-smugglers-in-andhra-pradesh-752816 20 Shot Dead in Andhra Forests, Tamil Nadu Seeks Inquiry do you guys believe this version of police that they necessarily had to kill all 20 of them? how many people would believe that?
Kalia_Test Posted April 7, 2015 Posted April 7, 2015 http://www.ndtv.com/india-news/encounter-between-police-red-sandalwood-smugglers-in-andhra-pradesh-752816 do you guys believe this version of police that they necessarily had to kill all 20 of them? how many people would believe that? First and foremost - these are separate incidents. Let us not mix them both. This 2nd one is a complex political issue with lot of political background - Lot of Tamil politicians are thought of to be beneficiaries of this illegal smuggling. Small google on this smuggling history will give you lot of context. This is happening since decades. Strong mafias ( Tamil + Andhra ) use labourers to do the dirty work ( which is illegal in any case ). On whether they needed to be killed, I cannot see the story in full version so cannot comment.
Raghav_12 Posted April 7, 2015 Posted April 7, 2015 First and foremost - these are separate incidents. Let us not mix them both. This 2nd one is a complex political issue with lot of political background - Lot of Tamil politicians are thought of to be beneficiaries of this illegal smuggling. Small google on this smuggling history will give you lot of context. This is happening since decades. Strong mafias ( Tamil + Andhra ) use labourers to do the dirty work ( which is illegal in any case ). On whether they needed to be killed, I cannot see the story in full version so cannot comment. They are different incidents and I am not trying to mix those. But in both cases only one version is available that is of police. There were no survivors from other side and no casualties on police side. Telangana case is case of custodial deaths and world over custodial deaths are looked very sucpiciously and are always always investigated, even in countries like Pakistan or Afghanistan. This Andhra case seems to be case outright mass murders. Police should be taken to the task without fail.
Kalia_Test Posted April 7, 2015 Posted April 7, 2015 They are different incidents and I am not trying to mix those. But in both cases only one version is available that is of police. There were no survivors from other side and no casualties on police side. Telangana case is case of custodial deaths and world over custodial deaths are looked very sucpiciously and are always always investigated, even in countries like Pakistan or Afghanistan. This Andhra case seems to be case outright mass murders. Police should be taken to the task without fail. May I ask you how you reached this conclusion? What possible motive would police have to kill laborers unless they have been attacked? Very little details are available except that 100 odd cutters/smugglers were there and they threw axes and stones at police and 6 policemen were injured too. Just trying to understand how your thought process works.
gattaca Posted April 7, 2015 Posted April 7, 2015 Op you are a Pakistani you should tell us what isi means?
gattaca Posted April 7, 2015 Posted April 7, 2015 Good post Kalia now padosi poster will mysteriously disappear.
bulbul Posted April 7, 2015 Posted April 7, 2015 Good post Kalia now padosi poster will mysteriously disappear. He won't...will search some other news to post.
Detonator Posted April 7, 2015 Posted April 7, 2015 http://www.ndtv.com/india-news/encounter-between-police-red-sandalwood-smugglers-in-andhra-pradesh-752816 do you guys believe this version of police that they necessarily had to kill all 20 of them? how many people would believe that? lol at NDTV. Vaiko is not Tamil Nadu. Having said that TN should be the last govt to seek inquiry on encounters. Remember the encounter of the bank robbers in chennai
amiret Posted April 7, 2015 Author Posted April 7, 2015 The handcuffs can be used by the escorting police party if the prisoner is dangerous and desperate, or if the prisoner is likely to break out of custody or play the vanishing trick. Considering 2 SIMI terrorists who had escaped from an MP jail were killed in an encounter in Tenegana just 3 days ago , i would say the Police has underestimated the dangerousness of the Prisoners . Yes the SC has imposed restrictions on arbitrary exercise of power by the Police but also has not tied the hands of the Police to prevent escape. From Prem Shankar Shukla vs Delhi Administration quoted on HM website "Consistent with the fundamental rights of such person the restraint can be imposed, if at all, to a degree no greater than is necessary for preventing his escape. To prevent his escape is the object of imposing the restraint, and that object defines at once the bounds of that power. In short, the authority responsible for the prisoners’ custody, should consider the case of each prisoner individually and decide whether the prisoner is a person who having regard to his circumstances, general conduct, behaviour and character will attempt to escape or disturb the peace by becoming violent. That is the basic criterion, and all the provisions relating to the imposition of restraint must be guided by it. In the ultimate analysis it is that guiding principle which must determine in each individual case whether a restraint should be imposed and to what degree." It is possible in the judgement of the Police officers , the Prisoner were not dangerous or likely to escape.
amiret Posted April 7, 2015 Author Posted April 7, 2015 He won't...will search some other news to post. which i believe is partly the purpose of this forum and the reason we congregate here ?
Number Posted April 7, 2015 Posted April 7, 2015 This is too trivial for Gujarat. Wives with no criminal charges come in a kill one kill one more free package there. So true. Case in point innocent Bihar ki beti roaming with 3 LeT trained terrorists to do chhota mota blast.
amiret Posted April 7, 2015 Author Posted April 7, 2015 Indian express : “The bus carrying them with a heavily armed escort left the Warangal Central jail at 8:40 am. At 10:30 while they were near Jangaon, Vikaruddin requested for a halt as he wanted to answer nature’s call. Reserve Sub-Inspector Uday Bhaskar took off his handcuffs and took him out and when they returned he was about to handcuff him again when Vikaruddin snatched the AK-56 rifle that the RSI was carrying. So the Andhra police did handcuff the prisoners...Problem is they took them off.:facepalm: However, the RSI managed to pull off the magazine in the scuffle but the four remaining undertrials pounced on two other policemen nearby and tried to snatch their weapons. The other policemen in the bus retaliated and shot them dead,’’ DIG Reddy said. The DIG also said that Vikaruddin and his associates, continuously incited the armed escort by spitting at them, taunting and abusing them as soon as they started from Warangal. The four others dead are Mohammed Zakir, Sayed Hashmat, Izhar Khan and Sulaiman. They all have several aliases.
bulbul Posted April 7, 2015 Posted April 7, 2015 which i believe is partly the purpose of this forum and the reason we congregate here ? but your thread gives totally false news i guess thats fall under rumour/hate mongering category
amiret Posted April 7, 2015 Author Posted April 7, 2015 but your thread gives totally false news i guess thats fall under rumour/hate mongering category it does not . The OP even points out misreporting done by TOI. What according to you is the false news or Lies here , you have not mentioned that ? This thread is trying to make sense of sketchy news events that occurred 2day. If there are factual inaccuracies in my posts , let me know i will edit them out.
bulbul Posted April 7, 2015 Posted April 7, 2015 it does not . The OP even points out misreporting done by TOI. What according to you is the false news or Lies here , you have not mentioned that ? This thread is trying to make sense of sketchy news events that occurred 2day. If there are factual inaccuracies in my posts , let me know i will edit them out. First thing - you left out SIMI. Second - Didn't even mentioned any other source
Khalpat Posted April 7, 2015 Posted April 7, 2015 I am just afraid, if this is case of extra-judicial killing which this could very well be the case looking at the standard template for such cases made popular by Gujrat police, then it should be condemned. Police has no right to kill somebody because they are believed to be militant or terrorists. I thought AB TAK CHAPPAN was made on the story of Maharastra Cops. Encounter was made popular by police of notorious state like Maharashtra and UP. If you are young and have no clue what happened during 90's, then watch the movie Sehar and see how Kalyan Singh formed STF for these specific encounters all the big Mafia, Shri Prakash, Sripat Dhadi of Late 90's were killed in fake encounters.
Recommended Posts