‘Making undertrials stand with raised arms is not legal’

The court observed that non-furnishing of bail bonds by the accused persons cannot be termed as a contemptuous by any stretch of interpretation.

Days after four undertrials were held guilty of contempt of court and given a bizarre punishment of standing with their hands raised in the air, a sessions court has called the action illegal, asking the magistrate to first understand legal provisions before using its discretionary powers.

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Additional sessions judge Anju Bajaj Chandna of Dwarka court passed the order on Friday. The judge set aside the July 15 order passed by judicial magistrate first class Saurabh Goyal.

Magistrate Goyal, who was presiding over a complaint case of alleged land grab and forgery in Dwarka’s Palam village, had held the four guilty of contempt of court for wasting the court’s time and causing delay in payment of bail bonds. The judge made them stand with their hands raised up in the air till noon.

Two of the accused, Kuldeep and Rakesh, moved the sessions court, seeking setting aside of the previous order on grounds that it was a gross misuse of law and an act of judicial overreach.

Terming the punishment as illegal, the court said, “The order cannot qualify the test legality and propriety. The order passed by Ld. Magistrate is not only illegal but even the legal procedure has not been adopted”.

The court observed that non-furnishing of bail bonds by the accused persons cannot be termed as a contemptuous by any stretch of interpretation.

The court observed that the magistrate had failed to take note of the fact that new criminal laws had come into effect from July 1, 2024, and proceedings conducted under the older IPC was an “incorrect application of law”.

The judge added that even if the proceedings are viewed through the IPC and CrPC sections, the order passed is “absolutely against the substantive and procedural law”.

The court said that the accused persons not furnishing the bail bonds did not fall within the ambit of IPC Section 228 (intentional insult or interruption to a public servant sitting in judicial proceedings) and in no manner be taken as an insult or interruption.

“It is also clear that the magistrate did not afford any opportunity to the accused persons to show cause as to why they should not be proceeded against…without hearing, the accused were asked to stand in the court till the rising of the court with their hands straight in the air. The kind of sentence is not contemplated in law,” the court remarked.

Explaining that it was the duty of the court to ensure that no person can be detained without proper legal justification, the court said that the Magistrate completely failed in his duty and responsibility to conduct judicial proceedings legally and properly. “The order is not sustainable…the Ld. Magistrate is advised to properly read and understand the legal provisions before using his discretionary powers,” the court observed.