Delhi court sets aside 'hands up in air' punishment for accused

New Delhi: A Delhi court has set aside an order of a magistrate directing some accused people to stand in the court with their hands raised for the entire day after finding them guilty of contempt of court.

Principal District and Sessions Judge Anju Bajaj Chandna was hearing the appeal of Kuldeep and Rakesh, against whom the magisterial court had passed the order on July 15, while hearing a complaint case.

In an order dated August 1, the court said the order did not qualify the test of legality and propriety, and that it was an "illegal order", passed without adopting legal procedure.

It said, "Non-furnishing of bail bonds by the accused persons cannot be termed as a contemptuous act by any stretch of imagination."

"The act of accused persons of not furnishing bail bonds does not fall within the scope and ambit of Section 228 (intentional insult or interruption to public servant sitting in judicial proceeding) of the IPC, and can in no manner be taken as intentional insult or interruption to public servant in judicial proceedings," the court said.

It said the magistrate did not afford any opportunity to the accused persons to show cause as to why they should not be proceeded against, and that, without hearing them, the accused people were asked to stand in the court till the rising of the court with their hands straight in the air.

"This kind of sentence is not contemplated in law," the court said, adding, Article 21 of the Constitution conferred fundamental rights of personal liberty, which could be curtailed only by a procedure established by law.

"The object of law is to ensure that basic human rights are not violated. The judges are duty-bound to safeguard basic and natural rights meant for a dignified existence of individuals," the court said.

"Every person appearing before the court (even if involved in a crime) has the inalienable right to live with dignity and is entitled to equal respect. It is the duty of the court to ensure that no person can be detained without proper legal justification or without following due process of law," the court added.

It said the magistrate completely failed in his duty and responsibility to conduct judicial proceedings legally and properly.

"The order convicting the accused persons under Section 228 IPC and sentencing them to stand with their hands in the air till the rising of the court is not sustainable. The magistrate is advised to properly read and understand the legal provisions before using his discretionary power," the court said, setting aside the order.

Earlier, on July 15, Judicial Magistrate Saurabh Goyal, who was hearing a 2018 complaint case, which was at the stage of pre-charge evidence, had passed the order.

He said, "Despite waiting and calling the matter twice from 10 am till 11.40 am, the bail bonds were not furnished by the accused persons. For wasting the time of the court, which is in contempt of the order duly promulgated on the last date of hearing, the accused persons are hereby held guilty for contempt of court proceedings and are convicted for the offence under Section 228 of the IPC."

"They are directed to stand in the court till the rising of this court with their hands straight in the air," the magistrate added.