KATHMANDU, Sept 9: A public interest writ petition has been filed at the Supreme Court (SC) challenging the police practice of handcuffing people merely because they have been accused or arrested.
The petition was jointly filed by Nepal Law Campus students Roshan Auji, Bikash Yadav and Bibek Chaudhary. The Office of the Prime Minister and Council of Ministers, Ministry of Home Affairs, Nepal Police Headquarters and Press Council Nepal have been named as defendants.
The petitioners have demanded that handcuffs be used only when necessary and based on an assessment of risk, rather than as a routine practice. They have called for handcuffing to be permitted only after an objective assessment of an actual risk of escape, violent activity or self-harm, and only for the minimum period necessary.
RPP leader Rabindra Mishra taken to SC without handcuffs
They have also sought restrictions on the unnecessary publication and broadcast of photographs and videos showing people in handcuffs before they have been convicted. According to the petitioners, such images can portray individuals as criminals in the eyes of the public even though they have not been proven guilty.
The petitioners have further called for stricter restrictions on the use of handcuffs on women, children, senior citizens, persons with disabilities and seriously ill individuals. For high-risk accused persons, they have proposed alternatives such as secure transportation and additional security personnel.
The petitioners argue that the practice violates the constitutional rights to live with dignity and personal liberty, as well as the principle that a person is presumed innocent until proven guilty.
The writ is scheduled for a hearing at the Supreme Court on Thursday.
