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India: Open Letter to Chief Justice Chattisgarh High Court shocking handcuffing Dr. Saibal Jena

by Rakesh Shukla, 1 April 2016

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From: Rakesh Shukla
Date: 30 March 2016 at 19:55
Subject: Shocking handcuffing of Dr. Saibal Jena and widespread Illegal Practice of Chattisgarh Police of handcuffing in contempt of Supreme Court PIL
To: at
Cc: cpc-cg at
The Hon’ble Chief Justice,
Chattisgarh High Court
Dear Sir,
This is to bring to your kind attention the shocking and shameful handcuffing of Dr. Saibal Jena by the Durg Police this month, i.e. March 2016. Please find two photographs attached.
As your kind self is aware the law on handcuffing is unequivocal and clear. There are about half-a-dozen judgments of the Hon’ble Supreme Court on the matter. It is clear that the Chattisgarh Police in blatant violation of law handcuffed Dr. Jena and routinely handcuffs prisoners in contempt of the law declared by the Apex Court.
I would urge your Lordship to take up the matter urgently as a Public Interest Litigation in view of the widespread pernicious and illegal practice of routinely handcuffing prisoners and direct:
(a) Immediate steps to redress the grave violation of the human and fundamental rights of Dr. Saibal Jena:

(i) Action against the police officers responsible for the decision to handcuff Dr. Jena and

(ii) Compensation to Dr. Jena for violation of human and fundamental rights.
(b) Direct the Chattisgarh Government to immediately take steps to indoctrinate the police personnel as to the correct legal position with regard to handcuffing of prisoners, in view of the widespread practice of routine and illegal handcuffing of prisoners.
Yours sincerely,
R Shukla
(Rakesh Shukla)
Advocate Supreme Court
Member, Supreme Court Bar Association
Member, International Council of Jurists
66, Lawyers Chambers
Supreme Court
New Delhi 110 001
e-mail: rakesh.counsel[at]
mob: +91-9868363179
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