The police's ”arbitrary” use of handcuffs

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

Magh 18, 2081

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The police's ”arbitrary” use of 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 Tamang being handcuffed by the police went viral on social media. Some people also criticized Tamang's handcuffing as excessive. The police sent him handcuffed and brought him to the court for a statement.

The police do not seem to have handcuffed Tamang to all those arrested in the criminal investigation. As there is no clear standard of handcuffing or not handcuffing the arrested person, the police has been adopting a haphazard style in this regard. 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, who was found guilty by the Supreme Court on October 20, was arrested from Swayambhu on October 27. 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 still in handcuffs. 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 considering 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 during a stampede at his residence in Maijubhal. He was not handcuffed even when he was attacked by the police.

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

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. 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 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 being interrogated by the court or while taking a statement'. However, Article 21 (1) provides that a prisoner or detainee who escapes from prison and is re-arrested, escapes or attempts to escape from prison can be handcuffed.

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 the police have been criticized for taking favors based on the individual.

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 accused of rape, was also arrested by the police in February 2078 and handcuffed when he was taken to 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 investigation, except for those in prison. "Apart from the laws related to prisons, during the investigation of the case, the police will do what they think is right in terms of the conditions under which handcuffs should be applied and under which conditions," 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 or not to handcuff," he said. He says that a legal basis is necessary for the use.

Advocate Manish Kumar Shrestha states 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 handcuff in such a situation? Handcuffing means a person who can run away or whose address or identity cannot be identified, and if that person escapes, it will be used only if there is a situation where greater force must be used .

DIG Dinesh Kumar Acharya, spokesperson of Nepal Police, says that all those arrested are handcuffed based on their crime and background. "Everyone who is arrested can be handcuffed, there is no question of wearing it or not," he said. This is a risk-based decision.

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