KATHMANDU, Sept 22: The Supreme Court (SC) has prohibited Nepal Police from using handcuffs on arrested persons with an exception of three critical cases.
Issuing an order in the name of the police, the apex court has asked the security personnels not to handcuff arrested individuals unless the situation poses a risk. The SC directed that handcuffs should be used only if the arrested person is likely to cause one of three specific types of harm during the course of the criminal investigation. The SC’s directive implies that handcuffs should be used only when necessary—and after an objective analysis—if there is a risk of the arrested person escaping, if they exhibit violent behavior, or if they pose a threat of harm to themselves or others. It has ordered that handcuffs not be used on anyone in other circumstances.
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An order issued to Police Headquarters by a division bench of justices Nahakul Subedi and Shanti Singh Thapa states: "Handcuffs may be applied—provided a record is maintained—only if an objective analysis of the risks reveals an unavoidable situation where their use is essential for police officers to effectively discharge their legal responsibilities."
There have been growing complaints, mainly from the business fraternity, over the police instantly handcuffing the arrested on any allegation charges. Earlier, advocates Vivek Chaudhary, Roshan Auja, and Bikash Yadav had filed a writ petition at the SC, alleging the unlawful use of handcuffs.
The SC has also ordered police officers to maintain records whenever handcuffs are used. The Court issued this order to prevent the arbitrary use of handcuffs on individuals pending the final resolution of the writ petition filed against such practices.
Noting the prevailing practice of handcuffing anyone immediately upon arrest, the Supreme Court stated that such actions do not align with the spirit of constitutional and legal provisions.
