The Supreme Court of India has stated in clear terms that only criminals who pose severe danger ought to be handcuffed while being produced before a court. However an incident in Karnataka in which a 52 year old journalist was handcuffed while being produced before the court in connection with a defamation case has sent shock waves across the state.
B V Seetharam, chairman of the Chithra Publications Private Limited which publishes Karavali Ale, a Kannada daily was arrested on January 9 in connection with an old defamation case. The court had issued a non-bailable warrant against him as he had failed to appear before the court. However this kick started a controversy when two police constables handcuffed him while producing him before the civil judge at Udupi, Karnataka.
This incident was not taken too kindly and the police came under the scanner of the general public who demanded that action be taken. Seetharam’s advocate, Vikram Hegde told rediff.com that the incident was an unfortunate one and added that only dangerous criminals should be handcuffed as per the directive of the Supreme Court. I don’t see any reason why they had to handcuff this man who was being produced in connection with a defamation case. I feel that the basic intention was to humiliate him. He has been writing against the people in power and there are some very powerful elements who are against him, Hegde also added.
The police department has been quick to react to the incident and has placed under suspension the two head constables who were responsible for this embarrassing incident. The two head constables, Nagesh and Raveendra Shetty who had handcuffed Seetharam have been placed under suspension. Inspector General (western range), Ashit Mohan said that the department has initiated disciplinary proceedings against the constables and an inquiry in this regard will be conducted.
The Karnataka Union of Working Journalists adopted a reseloution condemning the incident and termed it as an assault on democracy. The union later met with State Police Chief, R Shrikumar who assured that action will be initiated. He also said that he was personally looking into the matter.
Seetharam’s wife, S Rohini told rediff.com, “ some elements have tried to humiliate my husband and they are doing everything to embarrass him. Even when the constables were taking my husband to court, he tried to argue with them quoting the provisions of the law on handcuffing as laid down by the Supreme Court. However they did not listen and my husband decided to keep quiet. The police may have acted against the constables, but we will continue to fight this matter. I am a little busy with the main case right now, but the moment I get some time, I am approaching the Human Rights Commission regarding the handcuffing incident, Rohini also said.
Legal experts argue that the incident only shows the high handedness of the police. The law of the land in such cases has clearly been enshrined in the verdict of the Supreme Court in the Citizens for Democracy vs the State of Assam Case in which the court had observed that handcuffing and chaining in public degrades and puts to shame finer sensibilities and is also a slur on our culture. The Supreme Court further observed that handcuffing shall be shunned as violative of human dignity.
