Judgment (1) PETITIONER, a prisoner undergoing sentence for life imprisonment. His appeal against conviction is pending in the High Court filed this writ petition for following reliefs:- 7.1 issue writ, orders or directions to the respondents to escort the prisoner petitioner from jail to the examination of M.A. Previous Sociology of the Devi Ahilya Vishwa Vidyalaya, Indore for the year 2009-10 likely be held in March, 2010 without handcuffs or any other fetters on him, to and fro; and 7.2 restrain the respondents from putting any kind of fetter or handcuffs on him in the examination hall on the examination desk while giving examination paper; and 7.3 be pleased to issue any other order or direction deemed proper in the case and allow this petition. (2) INITIALLY this writ petition was listed for hearing before the learned Single Judge and learned Single Judge referred this matter to the Hon'ble Chief Justice with a recommendation that it be placed before a larger bench for hearing and decision of the petition, on the ground that the relief claimed in this petition involves a substantial question of law of general importance, therefore, appropriate guidelines in the light of various judgments of the Apex Court on the issue involved may be issued. In view of the above, Hon'ble Chief Justice directed the Registry to place this matter before this Bench for hearing and decision. (3) WE have heard the learned counsel for parties and also perused the record of the case. (4) THE relevant laws applicable for convict and undertrial prisoners to be put in fetters and handcuffs are (1) THE Prisons Act, 1894 (for short "the Act of 1894"). THE Prisoners Act, 1900 (for short the Act of 1900"), M. P. Prisons Rules, 1968 (for short "the Rules of 1968") and M. P. Police Regulations made under the provisions of Indian Police Act, 1861. In Chapter XII of the Act, 1894 section 56, 57 and 58 are relating to confinement of Prisoner in irons which are as follows :- 56. In Chapter XII of the Act, 1894 section 56, 57 and 58 are relating to confinement of Prisoner in irons which are as follows :- 56. Confinement in irons.- Whenever the Superintendent considers it necessary (with reference either to the State of prison or the character of the prisoners) for the safe custody of any prisoners that they should be confined in irons he may subjects to such rules and instructions as may he laid down by the Inspector General with the sanction of the State Government, so confine them. 57. Confinement of prisoners under sentence of transportation in irons.- (1) Prisoners under sentence of transportation may subject to any rule made under section 59 be confined in fetters for the first three months after admission to prison. (2) Should the Superintendent consider it necessary, either for the safe custody of the prisoner himself or for any other reason, that fetters should be retained on any such prisoner for more than three months, he shall apply to the Inspector General for sanction to their retention for the period for which he considers their retention necessary and the Inspector General may sanction such retention accordingly. Notes Presumption - Fetters and confinement to cell. It cannot be presumed that these were by way of punishment, Evidence Act (1872) section 114. Hand cuffs and imprisonment iron bars must be resorted to only in gravest situation where safe custody is otherwise impossible. 58. Prisoners not to be ironed by Jailor except under necessity.- No prisoner, shall be put in irons or under mechanical restraint by the Jailor of his own authority, except in case of urgent necessity in which case notice thereof shall be forthwith given to the Superintendent. (5) IN pursuance of provision under section 59 of the Act of 1894, Government of Madhya Pradesh has made the Rules called as Madhya Pradesh Prisons Rules, 1968. Rule 464 is for confinement in fetters for life convicts which reads as under:- 464. Confinement in fetters of prisoners sentenced to imprisonment for life.- Under section 57(1) of the Act, life convicts may be confined in fetters for three months from the date of admission to jail, Ordinarily after admission to a Central jail safe custody fetters will be removed. These will not, in any case be imposed a Central jail for a longer period than one month without the special sanction of the INspector-General. These will not, in any case be imposed a Central jail for a longer period than one month without the special sanction of the INspector-General. Since such prisoner will be detained in District and subsidiary jails for only short period, it will not usually be necessary to keep them in fetters for so long as three months. Fetters intended for the security of these prisoners must be of the sanctioned weights mentioned in Rule 727." (6) UNDER Rule 467 a prisoner shall not be put in fetters or hand cuffs unless danger to the guard or to the prisoner himself may reasonably be apprehended from the prisoners violence. If it is deemed necessary to put on fetters or handcuffs, the circumstances and the reasons therefore shall be reported to the I.G. Provisions for imposition of handcuffs and fetters by way of security are prescribed under Rules 727, 728, 729, 730, 731 and 732. All these Rules are as follows :- 727. Handcuffs imposed by way of security under section 53 of the Act, shall be iron bar handcuff weighing, with lock, not more 0.916 kg each or surivel with springcatch hand cuffs, weighing not more than 0.453 kg. 728. Handcuffs may be imposed;- (a) On the wrist in front, by day or night for a period of not more than 12 hours at a time, with intervals of not less than 12 hours between each period, and for not more than four consecutive days or nights. (b) On the wrist behind, by day only for a period of not more than six hours in any day of twenty four hours, and not more than four consecutive days. (c) By attaching the handcuffs affixed n the prisoners wrists to a staple in front of the prisoner, by day, for not more than four consecutive days and for not more than six hours on each day, with an interval of at least one hour after the handcuffs have been so attached for three hours; Provided that such staple shall not be higher than the prisoner's shoulder nor lower than his waist and that no prisoner shall be attached by handcuffs to a staple except in the presence of other prisoners : Provided further that the security measure referred to in clause (c) shall not be executed until the prisoner has been examined by the Medical Officer and pronounced to be fit. 729. 729. A prisoner while in handcuffs shall be under complete shelter from the sun. 730. The following classes of fetters may be used in jail whenever their use is considered necessary :- (a) Link fetters composed of a chain and ankle-rings. The total weight of such fetters, including the ankle-rings, shall not exceed 1.36 kg and the chain shall be not less than .6096 meters in length. (b) Bar fetters composed of two bars joined together by a link and attached to ankle-rings shall not exceed 2.267 kg., and each bar shall be not less than .5080 meters in length. (c) Cross-bar fetters composed of a single bar for the purpose of keeping the legs apart and for ankle-rings. The total weight of such fetters, including ankle-rings shall not exceed 1.134 kg. The length of the bar shall not exceed .4064 meters in the case of men who are not less than 1.6764 meters in height, or 0.3556 meters in the case of men below this height. Note :- The use of cross bar fetters should be restricted to extreme cases of violence and be resorted to as much as a prevention against assault. The full period allowed for the imposition should be only in exceptional cases. Note The use of confinement in Irons, only in gravest situation, where safe custody is otherwise impossible. 731. The maximum period for which fetters may be continuously imposed shall be :- (a) in the case of link fetters - three months; (b) in the case of bar-fetters - three months; (c) in the case of cross bar fetters - two hundred and forty hours. A period of at least ten day must elapse after fetters of any kind have been imposed as a punishment for a prison offence before they can be again imposed as a punishment for another prison offence, whether of the same kind or not. 732. Fetters.- Fetters of every description shall always be kept bright and polished, and soft leather, blanket or canvas gaiters shall be allowed to prevent abrasion of the skin. Link and bar fetters may be suspended to the waist by a strip of leather, no string or rope being allowed for the purpose. When fetters become worn or thin in any part, they shall at once be charged. Prisoners shall not be put to work the country oil-mill whilst in fettered. Link and bar fetters may be suspended to the waist by a strip of leather, no string or rope being allowed for the purpose. When fetters become worn or thin in any part, they shall at once be charged. Prisoners shall not be put to work the country oil-mill whilst in fettered. (7) IT is clear from the above mentioned provisions of the Act and Rules that handcuffs and fetters are to be used by way of security and concerned authority is required to use the power if reason exists and shows its necessity. There is no mandatory law for putting fetters or handcuffs inside the jail to the convict prisoner and it is the discretion of the concerned authority to use the power for putting fetters or hand cuffs to the prisoner as the case may be meaning thereby he must use the power judiciously and not arbitrarily. (8) THE above mentioned provisions are for convict prisoners. The Regulations 465 to 479-A relate to use of handcuffs to under trial prisoner/prisoners and also after conviction mainly whenever he/they is/are taken outside the jail, which are extracted hereunder :- 465. Hand-cuffs when used.- Hand-cuffs shall be used only if they are necessary. The following instructions regulate their use :- Instructions regarding the use of Hand-cuffs. – (1) When a prisoner has to be taken in custody from a Court to a Jail or vice versa, the Magistrate or the Jail officer should give a direction in writing to the Commander of the escort as to whether the prisoner should or should not be hand-cuffed and the escort Commander shall obey that direction, provided that if the direction is not to hand-cuff the prisoner and at any time thereafter the escort Commander has reason to consider it necessary to hand-cuff the prisoner, he should do so, notwithstanding such directions. (2) (1) Before giving such a direction in writing the Magistrate will take into due consideration the status, position and antecedents of the Prisoners and keep in view the distance to be travelled and the strength of the escort in view of PR-466 and will also consider what the escort Commander or the senior Police Officer present has to say. (ii) So far as the Jail Officer is concerned he shall give directions keeping in view the direction of the Magistrate at the time of granting remand. (ii) So far as the Jail Officer is concerned he shall give directions keeping in view the direction of the Magistrate at the time of granting remand. (3) The escort Commander must, without fail, asked for and obtain orders in writing from the Magistrate or the Jail Officer in regard to hand cuffing of the prisoners committed to his custody before taking over the prisoner from the Court or Jail. Any neglect of these instructions must be dealt with most severely. (4) In case of prisoners being taken from the place of arrest of investigation to the Police Station or from the Police Station to the place of investigation, Court or Jail, the Investigating Officer or the senior most station officer present in the Police Station must give in writing to the Escorts Commander or enter a report in the General, Diary and get it signed by the Escort Commander, as to which of the Prisoner/Prisoners are to be hand-cuffed. In case the direction is not to hand-cuff and the Escort Commander subsequently finds that it is necessary to hand-cuff the prisoner, he should do so, notwithstanding such direction. (5) No convict or under trial should be hand-cuffed to bed while treatment in a Civil Hospital, unless he is known to be refractory, violent, dangerous or fit to run away. In such a case the hand-cuffs should be frequently removed to give relief to the hands. (6) No satyagrahi prisoner should be hand-cuffed unless he is involved in some serious offence or attempts to escape or an attempt is made to rescue him/set him free. A. List of prisoners who must be hand-cuffed : (1) Every person arrested by a Police Officer or remanded to custody by a Magistrate on a charge of having committed one of the following offences shall be hand-cuffed unless by reason of age, sex or infirmity he can easily and securely be kept in custody without hand-cuff:- (a) Offences relating to coin, sections 231 to 254, Indian Penal Code. (b) Murder and culpable homicide, sections 302 to 304, Indian Penal Code. (c) Attempt to commit murder and culpable homicide, sections 307 and 308, Indian Penal Code.(d) Being a Thug, section 311, Indian Penal Code. (e) Robbery, section 392, Indian Penal Code. (f) Dacoity, section 395, Indian Penal Code and all sections relating to dacoity. (b) Murder and culpable homicide, sections 302 to 304, Indian Penal Code. (c) Attempt to commit murder and culpable homicide, sections 307 and 308, Indian Penal Code.(d) Being a Thug, section 311, Indian Penal Code. (e) Robbery, section 392, Indian Penal Code. (f) Dacoity, section 395, Indian Penal Code and all sections relating to dacoity. (g) Any other offence against property, if the offender has been previously convicted of any offence against property or has been ordered to find security for good behaviour. (h) Persons accused of an offence punishable under section 148, Indian Penal Code. (2) Every person who has been previously convicted of an offence against property and who is subsequently arrested under section 55, Criminal Procedure Code, unless by reason of age, sex or infirmity he can be easily and securely be kept in custody without hand-cuffs as – (a) lurking with a view to committing an offence, or (b) being with ostensible means of subsistence, or (c) being a habitual robber, house breaker, thief or receiver of stolen property. B. List of prisoners who must not hand-cuffed : (a) No person shall be hand-cuffed who by reason of age, sex or infirmity can easily and securely be kept in custody without handcuffs. (b) No person arrested by a police officer or remanded to custody by a Magistrate, on a charge of having committed a bailable offence shall be hand-cuffed. (c) No person classified by the Court during trial in the special class and from his known antecedents, his social position and settled occupation it is improbable that he will attempt to escape or offer violence. (d) A person arrested by a police officer or remanded to custody by a Magistrate, on a charge of having committed a non-bailable offence other than those enumerated in (a) above. (e) Persons classified as 'A' class after conviction or 'B' class after conviction for offences other than those enumerated in (a) above. (f) No woman prisoner or a witness arrested under section 171, Criminal Procedure Code shall be hand-cuffed, (g) A prisoner who is charged only under section 153-A of the Indian Penal Code. (e) Persons classified as 'A' class after conviction or 'B' class after conviction for offences other than those enumerated in (a) above. (f) No woman prisoner or a witness arrested under section 171, Criminal Procedure Code shall be hand-cuffed, (g) A prisoner who is charged only under section 153-A of the Indian Penal Code. (7) Leg-irons - Leg-irons, as well as handcuffs, shall be put on all offenders who are believed to be desperate, either from former convictions, or from the character of the offence for which they are arrested and shall not be removed as long as the offenders are in police custody. B.- Handcuffing of persons after conviction. Handcuffing after conviction.- All male persons convicted of cognizable offences, and sentenced to imprisonment are liable to be handcuffed but the senior police officer present may, at his own discretion and responsibility, dispense with the use of handcuffs, in the case of those persons described in Rule A(l), (2) and (3) above. Briefly, all consideration possible should be shown to all prisoners, consistent with the responsibility of the police for their safe custody : Provided that no person classified on conviction as an "A" class prisoner shall be handcuffed unless he attempts to escape, and no person who has been classified as a "B" class prisoner shall be handcuffed unless he has been convicted under one of the offences specified in Rules A(4) and (5) above or other special reasons exist. Note.- A trial Court shall in the case of a "B" class prisoner ana may in the case of a "C" class prisoner give written instructions to the head constable in charge of the escort as to whether the prisoner is to be handcuffed or not under this proviso. 466. Escorts for prisoners by road.- Under ordinary circumstances the strength for prisoners in transit by road should be as follows :- From 1 to 3 prisoners .. From 4 to 10 prisoners .. From 11 to 16 prisoners .. From 17 to 24 prisoners .. From 25 to 50 prisoners .. 2 constables. 1 head constable and 4 constables. 1 head constable and 6 constables. 1 head constable and 8 constables. 2 head constable and 12 constables. And so in proportion. Larger guards my be employed at the direction of the Superintendent in the case of prisoners of importance of under sentence of transportation or of specially dangerous character. 2 constables. 1 head constable and 4 constables. 1 head constable and 6 constables. 1 head constable and 8 constables. 2 head constable and 12 constables. And so in proportion. Larger guards my be employed at the direction of the Superintendent in the case of prisoners of importance of under sentence of transportation or of specially dangerous character. 467. Escort by Motors.- The strength of escort for prisoners conveyed by motor transport should be as follows :- From 1 to 3 prisoners .. From 4 to 6 prisoners .. From 7 to 10 prisoners .. 2 constables. 1 head constable and 2 constables. 1 head constable and 3 constables. Larger guards may be employed at the discretion of the Superintendent or senior officer present in the case of prisoners of a specially dangerous character. 468. Escorts how armed.- Escorts of one head constable and four constables or upwards escorting prisoners by road will be armed with smooth bore muskets (unloaded) and fixed bayonets. Smaller parties will have batons only, unless the Superintendent, specifically orders otherwise. When the escort consists of more than eight men, half may be armed with batons, the rest with smooth-bore muskets. Ten rounds of bail ammunition should be issued to each armed man in an escort. 469. Securing prisoners when travelling by road.- The following rules relate to the handcuffing and securing of prisoners travelling by road :- (1) When prisoners who have been handcuffed under the rules regarding the imposition of handcuffs are on the march, they should be further secured by a chain, one end of which will be fastened to the handcuff on the right hand of the prisoner and the other end to the belt of the escorting police officer; (2) Handcuffs are never to be removed except when the prisoner is in a secure place of confinement or within a building from which escape is impossible; Note.- If for purposes of nature it is necessary to allow one hand to be at liberty the handcuff on the left hand may be removed, but the police officer must still continue to hold the chain which is attached to the handcuff on the right hand. (3) If there are more than four prisoners, a light chain should be passed through the handcuffs of every prisoner and be fastended at each end by the rings to the handcuffs of the prisoner on each flank; (4) The keys of the handcuffs are to be kept by the senior police officer in charge of the prisoners; (5) Leg-irons, as well as handcuffs, should be put on all offenders who are known or believed to be desperate, either from former convictions or from the character of the offence for which they have been arrested and should not be taken off under any circumstances, so long as they are under charge of the police. Should leg-irons not be available, the right hand of the prisoner must be handcuffed to the left hand of one of the police officers of the escort; Provided that no person classified on conviction as an "A" class prisoner shall be handcuffed unless he attempts to escape, and no person classified "B" class prisoner shall be handcuffed unless he has been convicted under one of the offences specified in Regulation 465-A (4) and (5) or other special reasons exist. Note. - The jail authorities shall give written instructions to the head constable in charge of the escort as to whether a "B" class prisoner is to be handcuffed or not under this proviso. 470. Note. - The jail authorities shall give written instructions to the head constable in charge of the escort as to whether a "B" class prisoner is to be handcuffed or not under this proviso. 470. Escort by Road.- Duties of officer in-charge.- The officer in command of escorts of prisoners by road must - (a) see that the handcuffs, iron, etc., of the prisoners are well secured and fit properly; (b) keep his prisoners together in one compact body; (c) place his police in order, at a distance of atleast five paces from the prisoners, on each flank and in the rear, being himself with half his force in the rear; (d) examine, before starting the bundles and persons of the men of the guard as well as of the prisoners; (e) so time his departure as to secure arrival at a police station before sunset, so that no part of the journey be performed in the dark; if) report the arrival of his party at each police station en route to the senior police officer present; (g) when putting up at a police station for the night, be jointly reasonable with the officer in-charge of the station for the safe custody of the prisoners during the night. 471. Escorts by Rail.- The following strength of escort will usually suffice for prisoners sent by rail, but Superintendents are at liberty to increase the strength of the guard upon any particular occasion, when they think that circumstances require it:- From 1 to 3 prisoners From 4 to 6 prisoners From 7 to 10 prisoners From 11 to 20 prisoners From 21 to 30 prisoners From 1 to 5 prisoners From 6 to 10 prisoners From 11 to 20 prisoners From 21 to 30 prisoners Head Constables For life prisoners 1 1 2 For ordinary prisoners 11 Constables 2 3 4 6 8 2 3 4 6 Note.- When an escort of more than eight men is deemed necessary, additional head constables should be allowed in proportion. 472. Escorts by Rail - Special Precautions for Constables escorting up to six prisoners in transit by rail should carry batons only. Escorts for more than six prisoners should be armed with smooth-bore muskets (unloaded) and bayonets and the officers with swords. 473. 472. Escorts by Rail - Special Precautions for Constables escorting up to six prisoners in transit by rail should carry batons only. Escorts for more than six prisoners should be armed with smooth-bore muskets (unloaded) and bayonets and the officers with swords. 473. Big Gangs.- In the case of the deportation of a large gang of life prisoners beyond the limits of the State, there should be a police reserve in addition to the escort. This reserve will be placed in a carriage adjoining the one which contains the prisoners and will be armed with smooth-bore muskets and bayonets. 474. Sentries.- A vacant space should be left in the carriage between the escort and the prisoners. One constable must always remain standing as sentry, and, when the escort numbers six constables, there should be two standing sentries. Sentries should be out of reach of the prisoners. 475. Handcuffing.- Convicts sent by railway should always be handcuffed pairs and (if thought necessary) should also have leg-irons. When there are six prisoners or more a light chain should be run through the handcuffs and padlocked to the grating of the carriage. All handcuffs and leg-irons must be carefully examined before the train starts and their efficiency but beyond doubt. Under-trial prisoners will be secured in the same way, if under the rules they are liable to be handcuffed and the circumstances require it. 476. If it is necessary to allow the prisoners to leave the train for any purpose, one man from the escorts should be told off to accompany each prisoner, it further assistance is required it must be demanded from the railway police. Not more than two prisoners should be allowed out of the train at one time, and only one when the escort does not exceed three men. Note.- When a party of prisoners is about to start by train the Superintendent will inform (by telegram) the Superintendent of the district to which they are going of the date and hour of their arrival. 477. Dangerous prisoners.- Military prisoners, and all prisoners who are insane, violent, or dangerous, are never to be dispatched by rail except in reserved compartments. Other parties of prisoners and escorts, when the party exceeds five in number, inclusive of escorts are also to be carried in the same manner. Note (1).- A European prisoner should, when practicable be escorted by a European police officer. Other parties of prisoners and escorts, when the party exceeds five in number, inclusive of escorts are also to be carried in the same manner. Note (1).- A European prisoner should, when practicable be escorted by a European police officer. Note (ii).- Superintendents should satisfy themselves that reserved accommodation has actually been supplied and if it has not been supplied, they should refuse to accept the charge for such accommodation in checking railway warrants. 478. Escorts- Provision of.- The duty of providing escorts for prisoners transferred from one jail to another devolves upon the Superintendent, who will be given at least four days' clear notice of the date on which it is proposed to dispatch a convey of prisoners. Note.- As prisoners have frequently to be transferred from centred jail to district jail for release, the provisions of all escorts for them by the Superintendent of the district where the central jail is situated would throw a great strain on his police force. It has accordingly been arranged that such transfers shall be effected only once a month and that the police escort shall be provided by the Superintendent of the district to which the prisoners is to be transferred and not by the Superintendent in which the central jail is situated. 479. Inter-jail transfers of prisoners.- The following rules govern the transport of prisoners from one jail to another under police escort :- (1) The prisoners, together with their clothing and bedding, shall be carefully searched before leaving the jail in the presence of the Jailor and of the officer in command of the escort. The latter shall then receive charge of the prisoners, and shall be held responsible for their safe custody until they are again made over the Jail Department. (2) Before leaving the jail all convicts should be handcuffed and connected together by a light hand chain. All desperate characters should, in addition, be fettered, and the Superintendent should draw the attention of the officer commanding the escort to any prisoner who, from his antecedents or conduct in jail is considered specially likely to attempt to escape. (3) A jail official shall accompany every batch of prisoners transferred if the number of such prisoners exceeds ten. Sufficient money for road and rail expenses and for the food of the prisoners should be entrusted to him, and an account of expenditure taken on his return. (3) A jail official shall accompany every batch of prisoners transferred if the number of such prisoners exceeds ten. Sufficient money for road and rail expenses and for the food of the prisoners should be entrusted to him, and an account of expenditure taken on his return. If the convey of prisoners numbers ten or less, the duties which would otherwise be performed by the jail official shall be entrusted to the officer in charge to the escort. (4) The duties of the jail official are - (a) to provide the daily rations and arrange for the cooking of the same; (b) to preserve carefully the nominal and descriptive rolls, history tickets and other papers sent with the gang; (c) to receive and return safely to the jail from which the gang was dispatched the clothing, bedding, irons, etc. of the prisoners; (d) to be responsible for the safe custody and safe delivery of property belonging to prisoners sent on transfer; (e) to take receipts from the officials of the receiving jail to all prisoners' property made over by the escort; (f) to use every endeavour to secure to the prisoners immunity from sickness or injury by procuring them shelter from heavy rain, keeping the gaiters of fettered prisoners well softened with oil, etc. (5) With the prisoners and in-charge of the jail official or of officer in command of the escort (as the case may be) shall be sent - (a) descriptive rolls in the form prescribed; (b) nominal rolls with copy of judgment of sentencing Court (for prisoners sentenced to transportation); (c) a list of Government clothing and property; (d) a sealed packet containing the warrants, history tickets and (in the case of P. R. convicts) P. R. slips of the prisoners carefully brought up to date. (e) a certificate by the medical officer of fitness for ordinary hard labour. Note.- If it be found on the arrival of the prisoners as their destination that the property received does not correspond with the list, immediate notice shall be given to the Superintendent of the dispatching jail. (6) Particulars of the route to be taken and of the halts to be made shall be entered in a memorandum of instructions which shall be given to the officer in-charge of the escort. Prisoners in transit should not be marched more than 15 miles in any one day. (6) Particulars of the route to be taken and of the halts to be made shall be entered in a memorandum of instructions which shall be given to the officer in-charge of the escort. Prisoners in transit should not be marched more than 15 miles in any one day. (7) A closed lantern under charge of the sentry shall be suspended in any place in which a gang of prisoners is confined at night. (8) The entire responsibility for the safe custody of prisoners during transit rests upon the Police who shall take special care and see that no irregularity occurs. No responsibility for the custody of prisoners in transit shall be given to a jail official nor shall a jail official accept such responsibility. 479-A. (1) When it is necessary to transfer prisoners from one jail to another, they should be sent in batches which should not in any case exceed twenty-five in number, excluding the escort. In fixing the total number attention should be paid to the size of the railway compartments available. (2) Limitation of prisoners.- A and B class prisoners should not be handcuffed unless there are good grounds to believe that an attempt of escape is likely to be made, or the behaviour of the prisoners makes the use of handcuffs necessary. (3) Railway accommodation in hot weather.- A more liberal, scale of accommodation should be provided for prisoners transferred in the hot weather. As a rough working rule from April 1st to October 31st three seats should be allowed for each two members of the party including the escort. (4) Political prisoners transfers of.- In the case of prisoners connected with anti-Government or political movement - (a) The District Magistrate and the Superintendent of Police of the district of receipt should be informed in advance of the intended transfer, by wire if necessary. On receipt of intimation of transfer the Superintendent of Police concerned should inform the Superintendent of the jail without delay. When secrecy is necessary intimation should be sent by letter in good time. Code wires may be sent but the decoding may be badly delayed if the Superintendent is absent from headquarters. Code wires should not be sent to jails. (b) The Railway Police should be informed invariably. (c) As far as possible travelling should be done by night. When secrecy is necessary intimation should be sent by letter in good time. Code wires may be sent but the decoding may be badly delayed if the Superintendent is absent from headquarters. Code wires should not be sent to jails. (b) The Railway Police should be informed invariably. (c) As far as possible travelling should be done by night. (d) Secretary of destination.- The destination of the prisoners should be kept secret as far as possible. (e) Care should be taken that all unnecessary humiliation of prisoners is avoided. (f) Carriage through town.- For the journey from the railway station to the jail and vice versa, the prisoners should be conveyed by bus. The objects is to keep the escort and prisoners off the streets. (9) IN the abovementioned Regulations, Magistrate is authorized to consider and give directions to the commander of the squad as to whether the prisoner should or should not be handcuffed and while giving such direction, Magistrate will take into consideration the status, position and antecedents of the prisoner keeping in view the distance to be travelled and strength of the squad. Magistrate will also consider the view of squad commander or senior police officers who is to take the prisoner. The squad commander must obtain orders in writing from the Magistrate or jail officer in regard to handcuffing. It is evident from the abovementioned provisions that for taking accused/under trial prisoner/convicted person, the squad commander must seek instructions in writing from the Magistrate or concerned officer as the case may be regarding putting of handcuffs. If direction is given not to handcuff but squad commander subsequently find that it is necessary to handcuff he can handcuff despite of specific direction. This shows that during the course of taking the prisoner, the concerned squad commander or police or in-charge of prison is free to take decision for handcuffing the prisoner and he is answerable to the authority. He cannot act on his whims and capricious and he is answerable to the superior authorities for giving direction not to handcuff the prisoner. From the above mentioned provisions, it boils out that Legislation has taken minutest care for making provisions for putting fetters and handcuffs to accused/prisoner at different different stages and different different places and time. He cannot act on his whims and capricious and he is answerable to the superior authorities for giving direction not to handcuff the prisoner. From the above mentioned provisions, it boils out that Legislation has taken minutest care for making provisions for putting fetters and handcuffs to accused/prisoner at different different stages and different different places and time. These provisions have been amended in time to time in the light of mandate issued by the Apex Court in cases of Sunil Batra vs. Delhi Administration, AIR 1978 SC 1675 , Prem Shankar Shukla vs. Delhi Administration, AIR 1980 SC 1535 and Citizen for Democracy through its President vs. State of Assam and others, AIR 1996 SC 2193 . (10) IN case of Prem Shankar Shukla (supra), the Supreme Court has declared the provisions in paragraph 26.22 of the Punjab Police Manual that every under-trial who is accused of a non-bailable offence punishable with more than three years prison term shall be routinely handcuffed is violative of Article 14, 19 and 21 of the Constitution of INdia. So also para 26.22(b). It is held by the Supreme Court "that the nature of the acquisition is not the criterian. The clear and present danger of escape breaking out of the police control is the determinant. And for this there must be clear material, not glib assumption, record of reasons and judicial oversight and summary hearing and direction by the Court where the victim is produced. "In Prem Shankar's case (supra), the law declared by majority of the Judges of the Bench in para 36-37 reads as under :- 36-37. We clearly declare - and it shall be obeyed from the Inspector General of Police and Inspector General of Prisons to the escort constable and the jail warden - that the rule regarding a prisoner in transit between prison house and Court house is freedom from handcuffs and the exception, under conditions of judicial supervision we have indicated earlier, will be restraints with irons, to be justified before or after. We mandate the judicial officer before whom the prisoner is produced to interrogate the prisoner, as a rule, whether he has been subjected to handcuffs or other 'irons' treatment and, if he has been, the official concerned shall be asked to explain the action forthwith in the light of this judgment". We mandate the judicial officer before whom the prisoner is produced to interrogate the prisoner, as a rule, whether he has been subjected to handcuffs or other 'irons' treatment and, if he has been, the official concerned shall be asked to explain the action forthwith in the light of this judgment". (11) IT is clear as day light that question of use of handcuffs in case of Prem Shankar (supra) has been considered by the Supreme Court mainly for under trial prisoner and not the convicted prisoner and it was considered in the light of provisions in paras 26.22 and 26.22 (b) and (c) of Punjab Police Manual wherein putting of handcuffs to the under trial prisoner facing prosecution for non- bailable offence punishable for more than three years prison and this consideration was mainly based on basic principle of criminal jurisprudence that each accused is presumed to be innocent till his guilty is proved. The then Hon'ble Justice Shri Pathak concurring with the judgment written by the then Hon'ble Justice Shri Krishna Iyer on his behalf and on behalf of Hon'ble Justice O. Chinnappa Reddy has observed in para 41 and given conclusion in para 42 :- 41. Now whether handcuffs or other restraint should be imposed on a prisoner is primarily a matter for the decision of the authority responsible for his custody. IT is a judgment to be exercised with reference to each individual case. IT is for that authority to exercise its discretion, and I am not willing to accept that the primary decision should be that of any other. The matter is one where the circumstances may change from one moment to another, and inevitably in some cases it may fall to the decision of the escorting authority midway to decide on imposing a restraint on the prisoner. "I do not think that any prior decision of an external authority can be reasonably imposed on the exercise of that power". But I do agree that there is room for imposing a supervisory regime over the exercise of that power. One sector of supervisory jurisdiction could appropriately lie with the Court trying the accused, and it would be desirable for the custodial authority to inform that Court of the circumstances in which, and the justification for, imposing a restraint on the body of the accused. One sector of supervisory jurisdiction could appropriately lie with the Court trying the accused, and it would be desirable for the custodial authority to inform that Court of the circumstances in which, and the justification for, imposing a restraint on the body of the accused. IT should be for the Court concerned to work out the modalities of the procedure requisite for the purpose of enforcing such control. 42. In the present case it seems sufficient, in my judgment, that the question whether the petitioner should be left to be dealt with, in the light of the observations made herein, by the Magistrate concerned, before whom the petitioner is brought for trial in the cases instituted against him. The petition is disposed of accordingly". (12) IN case of President Citizen for Democracy (supra), while considering the judgment passed in cases of Sunil Batra and Prem Shukla, the Supreme Court has held that "the law declared by this Court in these cases is a mandate under Articles 141 and 144 of the Constitution of INdia and all concerned are bound to obey the same. We are constrained to say that the guidelines laid down by this Court and the directions issued repeatedly regarding handcuffing of under-trials and convicts are not being followed by the police, jail authorities and even by the subordinate judiciary. We make it clear that the law laid down by this Court in the above said two judgments and the directions issued by us are binding on all concerned and any violation or circumvention shall attract the provisions of the Contempt of Court Act apart from other penal consequences under law". In the same case, while considering the issue of use of handcuffs or other fetters to convict or under trial prisoner, the Supreme Court has issued the following mandate from paragraphs 16 to 21 applicable all over the country :- 16. We declare, direct and lay down as a rule that handcuffs or other fetters shall not be forced on a prisoner - convicted or under-trial - while lodged in a jail anywhere in the country or while transporting or in transit from one jail to another or from jail to Court and back. We declare, direct and lay down as a rule that handcuffs or other fetters shall not be forced on a prisoner - convicted or under-trial - while lodged in a jail anywhere in the country or while transporting or in transit from one jail to another or from jail to Court and back. The police and the jail authorities, on their own, shall have no authority to direct the handcuffing of any inmate of a jail in the country or during transport from one jail to another or from jail to Court and back. 17. Where the police or the jail authorities have well grounded basis for drawing a strong inference that a particular prisoner is likely to jump jail or break out of the custody then the said prisoner be produced before the Magistrate concerned and a prayer for permission to handcuff the prisoner be made before the said Magistrate. Save in rare cases of concrete proof regarding proneness of the prisoner to violence, his tenancy to escape, he being so dangerous/desperate and the finding that no other practical way of forbidding escape is available, the Magistrate may grant permission to handcuff the prisoner. 18. In all the cases where a person arrested by police, is produced before the Magistrate and remand - Judicial or non-judicial - is given by the Magistrate the person concerned shall not be handcuffed unless special orders in that respect are obtained from the Magistrate at the time of the grant of the remand. (13) WHEN the police arrests a person in execution of a warrant of arrest obtained from a Magistrate, the person arrested shall not be handcuffed unless the police has also obtained orders from the Magistrate for the handcuffing of the person to be so arrested. (14) WHERE a person is arrested by the police without warrant the police officer concerned may if he is satisfied, on the basis of the guidelines given by us in para above, that it is necessary to handcuff such a person, he may do so till the time he is taken to the police station and thereafter his production before the Magistrate. Further use of fetters thereafter can only be under the orders of the Magistrate as already indicated by us. We directed all ranks of police and the prison authorities to meticulously obey the abovementioned directions. Further use of fetters thereafter can only be under the orders of the Magistrate as already indicated by us. We directed all ranks of police and the prison authorities to meticulously obey the abovementioned directions. Any violation of any of the directions issued by us by any rank of police in the country or member of the jail establishment shall be summarily punishable under the Contempt of Courts Act apart from other penal consequences under law. The writ petition is allowed in the above terms. No costs. ". 19. In sum and substance, for putting fetters or handcuffs to convict or under trial prisoners permission has to be obtained from the concerned Magistrate. When person is arrested by police without warrant, in that situation the concerned police officer if he is of the opinion on the basis of the guidelines given by Supreme Court that it is necessary to handcuff such a person, he may handcuff him till taking to police station and thereafter to the Magistrate. After production before the Magistrate handcuff can be used only after obtaining orders from the Magistrate. 20. In view of the aforesaid legal discussion, we are of the opinion that the police or commander of the squad are required to follow the following instructions :- 21. When accused is arrested without warrant, the arresting officer may put handcuff to take him to the police station thereafter to produce him before the concerned Magistrate having jurisdiction over the matter and it would be entirely his discretion to put handcuff or not to put, but after producing the accused, the process of use of handcuffs or fetters would be controlled and governed by the orders of the Magistrate and for obtaining order of putting fetters, reasons are required to be assigned before the Magistrate by the police or commander of the squad. This procedure has to be followed for under trial prisoner as well as convict whenever he/they is/are taken from police station to Court, from Court to jail or from one jail to another jail and from one town to another town or any other place from jail as directed by the Magistrate or concerned Court before whom the trial or revision or appeal is pending. 21.1 In our considered opinion, for complying the mandate issued by Supreme Court in aforesaid judgments, the Magistrate or trial Court should also take into consideration the provisions of M. P. Police Regulations, which has force of law as held in judgment passed by this High Court in case of Shyambabu and others vs. State of M. P., 1996 Cri.L.J. 2696, the Prisons Act, 1894, the Prisoners Act, 1900, M. P. Prisons Rules 1968, as none of the provisions of these Acts, Rules and Regulations have been declared unconstitutional/ultra vires by Supreme Court or any High Court of the country. (15) IN the case at hand petitioner is undergoing life imprisonment for commission of offence under sections 302 and 381 of the INdian Penal Code and his appeal is pending in the High Court, therefore, he should have filed an application in the High Court for grant of permission to take him to concerned examination center without handcuff but instead of filing such application in pending appeal, the petitioner has filed this petition and learned Single Judge has referred the matter for consideration by Division Bench. It is reported that pending this petition, petitioner has already moved an application in his pending Criminal Appeal for grant of permission to take him to the examination center without handcuff and also allowed him to appear in examination without putting handcuff inside the examination room/hall and Division Bench of the High Court has passed the order. (16) IN view of the above, this writ petition is not required to be further placed before the learned Single Judge for passing the order because relief sought by the petitioner has already been decided by the Division Bench (Criminal) of this High Court in his pending Criminal Appeal and Reference has also been decided as mentioned hereinabove. Petition allowed.