Police criticism of using handcuffs

Some people arrested for the same crime are not handcuffed, some are still handcuffed even when they are taken to the court and public prosecutor's office.

Magh 19, 2081

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Police criticism of using handcuffs

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Aashika Tamang, who calls herself a social activist, was arrested on January 2 on charges of indecent behavior. After that, the photo of the police handcuffing Tamang went viral on social media. Some even criticized handcuffing Tamang as excessive. The police sent him handcuffed and brought him to the court for a statement.

 

Not everyone who was arrested in the crime investigation was handcuffed by the police like Tamang. As there is no clear standard of handcuffing or not handcuffing a person under arrest, the police has been adopting a haphazard approach to this. Most of the detainees are handcuffed when the police take them from custody to the court or public prosecutor's office. "Influential" people with strong political backgrounds or other backgrounds are not handcuffed by the police. 

Deepak Manange (Rajeev Gurung), MP and former Minister of Gandaki Province, was convicted by the Supreme Court on October 20th in the killing industry and was arrested from Swayambhu on October 27th. 

The police handcuffed him and took him to court. On the same day, the court sent him to Dillibazar Jail to execute the verdict. Even when he was taken from the court to the jail, he was handcuffed. A police officer says that Manange had to be handcuffed when he was arrested and taken to the court and taken from the court to the prison in order to avoid any untoward incident in view of his gangster and criminal background. 

When the former Deputy Prime Minister and UML MP Top Bahadur Rayamazhi was arrested from Budhanil Kanth last year, the police did not handcuff him in the fake Bhutanese refugee case. In the same case, Congress leader and former Home Minister Balkrishna Khan, who was arrested from Chabahil Maijubhal, was also not handcuffed when he was taken to the police office or to the court. A policeman who came to arrest Khan was beaten up in a stampede at his residence in Maijubhal. He was not handcuffed even when the mine was thrown at the police. 

Nepal government secretary Teknarayan Pandey was arrested in the refugee case, but the police did not handcuff him either. Ravi Lamichhane, the chairman of RSWP, who was arrested on charges of organized co-operative fraud, was also taken from the police cell to the court-public prosecutor's office by the police without handcuffs.

6 years ago, the then Speaker Krishna Bahadur Mahara was arrested from his official residence, Baluwatar, on rape charges. He was also arrested from Lumbini last year on charges of gold smuggling. Both times the police did not handcuff him. Resham Chaudhary, the then member of the House of Representatives, who was found guilty of murder, was kept in Veer Hospital in June 2076 for treatment, but the police tied an iron chain to his leg. The police immediately removed the chain after its photo became public and started to be criticized. 

The police handcuffs the arrested person with the intention of preventing him from running away, escaping or harming others. In section 21 of the Prison Act 2079, it is stipulated that 'prisoners and detainees in custody or detention cannot be handcuffed inside the court while they are in prison, while they are in the hospital during treatment due to serious or complicated diseases, during the hearing of related cases, or when they are interrogated by the court or while taking a statement'. But once escaped from prison and re-arrested, a prisoner or detainee who tried to escape or escaped from prison can be handcuffed in section 21 (1). 

Offenses mentioned in sub-section 1 (a) of section 49 of the Prisons Act Breaks down, destroys, destroys or makes use of the walls/windows/doors of a prison or makes any escape route from the prison or makes such use to such prisoner/prisoner or detainee There is a provision that the police can use handcuffs on the order of the prison administrator. Minors, chronically ill, elderly etc. cannot be handcuffed. Moreover, the agency investigating the case has been given 'discretionary right' to use handcuffs. But in this, the police are criticized for taking favors by looking at individuals.

Cricketer Sandeep Lamichhane, who arrived from America in October 2079 after being accused of rape, was detained by the police from Tribhuvan International Airport and handcuffed. Artist Paul Shah, who was charged with rape, was also arrested by the police in February 2078 and handcuffed when he was brought back and forth between the court and the public prosecutor's office.

Former Secretary Shankar Prasad Koirala, who has worked for a long time in the home administration and the office under it, says that since there are no clear standards regarding the use of handcuffs in Nepal, the police rely on discretion. According to him, there is no clarity on the use of handcuffs in the case of children, senior citizens and persons arrested during the investigation, except for those in prison. "Apart from the laws related to prisons, during the investigation of the case, the police will do whatever they think is right in terms of what conditions should be handcuffed and not," he said. 

Former Deputy Inspector General of Police Hemant Malla says that there are no specific laws/rules regarding the use of handcuffs, so the police are accused of double character. "Position and power influence whether to handcuff or not," he said. He says that a legal basis is necessary for the use.

Advocate Manish Kumar Shrestha points out that Article 16 of the Constitution ensures that every citizen has the right to live equally and says that handcuffing is wrong. "The state also handcuffs people who have surrendered," he said. If there is no possibility of escape or escape, why handcuffs in such a situation? Handcuffing means a person who can escape or escape, a person whose address or identity cannot be identified, and if that person escapes, it will be used only if a greater force is used .

Nepal Police spokesperson DIG Dinesh Kumar Acharya says that all those arrested are handcuffed based on their crime and background. "Everyone who is arrested can be handcuffed, it doesn't matter if they wear it or not," he said, "all the accused/accused can be handcuffed after assessing issues such as possible attack, risk of escape." It's a risk-based decision.'

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