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No handcuffing, chaining prisoners without permission: Calcutta HC

The Calcutta High Court on Wednesday directed that no prisoner could be handcuffed or chained without magisterial permission, while asking the West Bengal government to pay compensation of Rs 15,000 to a youth, who was subjected to such treatment at a hospital in Siliguri.

A division bench comprising Chief Justice Arun Mishra and Justice Joymalyo Bagchi ordered that no prisoner could be handcuffed or chained, while directing that in case of prisoners perceived to be dangerous, the police would have to take prior permission of a magistrate for handcuffing or chaining them.

The police could use such measures on its own only when an accused perceived to be dangerous was being taken to the police station following arrest.

A PIL had been moved before the high court claiming that Santosh Sahani was arrested in Siliguri on April 10 during a protest by Left organisations over the death of a student while being taken to jail after courting arrest in a law-violation programme.

Sahani, who had fallen ill, was taken to North Bengal Medical College and Hospital.

The petitioner alleged that Sahani was chained to his hospital bed for 40 hours and was unchained only after the matter was reported in the media. 

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