Question

The Single Judge Bench of Justice Devashis Baruah was dealing with a Writ Petition filed by a lawyer alleging an infraction to Article 21 of the Constitution for violating his basic fundamental right by the Police Authorities by handcuffing him without just cause. On which State police, the High Court imposed Rs. 5,00,000/- for handcuffing an advocate?

• A. Assam
• B. Kerala
• C. Tripura
• D. Telangana

Hint:

The Gauhati High Court's decision to penalize the Assam police for unlawfully handcuffing a lawyer is a recent and strong affirmation of the Supreme Court's long-standing rules against routine handcuffing.

Answer 1

The Correct Option is A

This question refers to a notable recent case where a court upheld the dignity of an individual against arbitrary police action.
In 2023, Justice Devashis Baruah of the Gauhati High Court (which has jurisdiction over Assam and other northeastern states) took strong exception to the handcuffing of an advocate by the Assam police.
The court reiterated the principles laid down by the Supreme Court in cases like Prem Shankar Shukla v.
Delhi Administration, which hold that handcuffing is a dehumanizing act and should only be used in very rare and exceptional circumstances where there is a clear danger of the accused escaping.
Finding no such justification, the High Court imposed a compensation of Rs.
5,00,000 on the Assam State Government for violating the lawyer's fundamental right to dignity under Article 21.