Handcuffing of UTP: OHRC seeks report within four weeks

Odisha Sun Times Bureau
Bhubaneswar, Apr 12:

Odisha Human Rights Commission (OHRC) today sought a report from Principal Secretary of Home Department, Inspector General of Police (Prisons) and Twin City Commissioner of Police to submit a report within four weeks over handcuffing an under trial prisoner (UTP) while undergoing treatment at Capital Hospital here earlier this month.

Acting on a complaint filed by ‘Campaign Against Fabricated Cases (CAFC), Odisha’, the chairperson of Odisha Human Rights Commission (OHRC) directed the officials to inquire into the matter and submit a report within four weeks.

Human Rights activist and senior lawyer Biswapriya Kanungo alleged that there has been a human rights violation of the under trial prisoner (UTP) as he was handcuffed while undergoing treatment at the government-run hospital here on April 8.

“In the present position of law, if handcuffing is prima-facie illegal, arbitrary and harsh, it is worse to say handcuffing to a prisoner in a hospital bed, can in any way be permissible under human justice vis-a-vis detention jurisprudence as contemplated under articles 14, 19 and 21 of the Constitution of India. Thus in the present case handcuffing to Kishore is prima-facie cruel, degrading and humiliating treatment and as such the matter reveals a concern of violation of human rights,” the petition said.

Notably, an under trial prisoner Kishore Kumar Jena was on a hunger strike in the Jharpada Special Jail since March 30 and was admitted to Capital Hospital on April 8 as his condition deteriorated. He was on a hunger strike in protest against the delay in conclusion of his trial.

CAFC also sought a compensation of Rs 5 lakh to the victim and action against the erring officials.

The organisation had moved the Commission yesterday and sought its intervention in the matter.