A Delhi Sessions Court cancelled a Magistrate’s unusual punishment ordering accused persons to stand with hands up for delay in furnishing bail bonds, saying such orders are against the law. The court reminded that dignity and due process must always be maintained.
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NEW DELHI: A Delhi Court has struck down an unusual order passed by a Magistrate that asked accused persons to stand in court with their hands in the air until the court ended for the day as punishment for delaying their bail bond submission.
District and Sessions Judge Anju Bajaj Chandna from Dwarka Courts clearly said that such a punishment is not given anywhere in law and called the Magistrate’s order illegal.
Judge Chandna observed that Judicial Magistrate Saurabh Goyal had failed to conduct the proceedings legally and properly.
She said:
“The act of accused persons of not furinshing bail bonds does not fall within the scope and ambit of Section 228 IPC (insulting or interrupting public servant engaged in judicial proceedings) and can in no manner be taken as intentional insult or interruption to public servant in judicial proceedings.”
The court also made it clear that:
“A punishment of standing with hands in the air is not contemplated in law.”
Judge Chandna further pointed out that:
“It is also clear that Ld. Magistrate did not afford any opportunity to the accused persons to show cause as to why they should not be proceeded against under the provision of Section 228 IPC. Without hearing, petitioners (accused) 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 Sessions Judge also advised the Magistrate to avoid such misuse of power and said:
“Properly read and understand the legal provisions before using his discretionary powers.”
The original incident happened on July 15 when Magistrate Goyal was hearing a complaint case. The matter was called out twice, but the accused had still not submitted their bail bonds on time. Calling it contempt of court, the Magistrate ordered them to stand with their hands up until the court rose.
Two accused persons, Kuldeep and Rakesh, challenged this order before the District and Sessions Court, arguing that it was unlawful and against the dignity of the parties.
After hearing the matter, Judge Chandna called the Magistrate’s order:
“Absolutely against the substantive and procedural law.”
She also reminded that:
“The judges are duty bound to safeguard basic and natural rights meant for a dignified existence of individuals. Every person appearing before the court (even if involved in 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.”
Finally, the Sessions Court set aside the Magistrate’s order.
- Advocates Kavya, Himani Verma, and Aman Gahlot appeared for the accused Kuldeep and Rakesh.
- Additional Public Prosecutor Ritender Singh represented the State.
- Advocates Sandeep Shokeen and Haneesh Balyan appeared for the original complainant.
CASE TITLE:
Kuldeep & Anr v Govt of NCT of Delhi & Anr
BACKGROUND
“Stand With Hands in the Air Till Court Rises”: Delhi Court’s Rare Punishment for Wasting Judicial Time
In a surprising and strict move, a Delhi court recently gave a unique punishment to a few people who were not cooperating with court proceedings.
The court asked them to stand inside the courtroom with their hands raised until the judge finished his work for the day.
This happened because they wasted the court’s time by not submitting their bail bonds even after being told clearly on the previous date.
This incident took place at the Dwarka Court before Judicial Magistrate First Class, Saurabh Goyal.
The judge was hearing a complaint case when he noticed that the accused had been given enough time and reminders, but still failed to follow court instructions.
“Despite waiting and calling the matter twice from 10:00 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 last date of hearing, the accused persons are hereby held guilty for contempt of court proceedings and are convicted for offence U/s 228 IPC. They are directed to stand in the court till the rising of this court with their hands straight in the Air,”
-the Court stated in its order.
Even after calling the matter twice between 10:00 AM and 11:40 AM, one of the accused named Kuldeep still did not submit his bail bond. Due to this, the judge sent him to judicial custody for two weeks as a punishment for disobeying the court’s earlier directions.
However, later in the day, around 12:48 PM, Kuldeep’s lawyers told the court that his bail bond and surety documents were now ready.
After this, the court accepted the documents and granted him bail.
“Kuldeep is admitted to bail upon furnishing of P/B and S/B in the Sum of Rs.10,000/- each. Requisite Bail Bonds furnished. The same are attested and accepted,”
-Judge Goyal mentioned in the final order.
- Advocate Sandeep Shokeen represented the complainant in the case.
- The accused persons, Upasana and Anand, were represented by Advocate Tapish Sehrawat.
- Kuldeep and Rakesh were defended by Advocate Hemant Kapoor.
CASE TITLE:
Harkesh Jain v Anil
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