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Delhi Court Sets Aside ‘Hands Up’ Contempt Sentence for Undertrials

Judge Anju Bajaj Chandna ruled the punishment violated Article 21 protections by misapplying outdated legal provisions

Overview

  • On August 1, Additional Sessions Judge Anju Bajaj Chandna nullified the July 15 order by Judicial Magistrate Saurabh Goyal that forced four undertrials to stand with raised hands
  • the court held that failing to furnish bail bonds does not amount to contempt under IPC Section 228
  • it found that the magistrate did not provide any show-cause hearing before imposing the punishment, breaching procedural safeguards
  • the judgment underscored that Article 21 guarantees personal liberty and dignity and permits restrictions only through procedures established by law
  • the ruling noted the magistrate’s use of pre-July 2024 criminal statutes was incorrect and left the underlying 2018 land grab dispute at the pre-charge evidence stage