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Bihar’s famous YouTuber Manish Kashyap surrendered before the police on Saturday (March 18, 2023). Police allege that Manish had shared misleading news, photos and videos of violent incidents in Tamil Nadu with some residents of Bihar through social media. The footage of Manish Kashyap in Bihar Police custody after his arrest goes viral. In these pictures, Manish Kashyap’s hands are handcuffed. Along with this, Manish’s face has also been covered with pot. Many people are raising questions about these pictures of Manish.
Journalist Sudhir Mishra has shared this picture of Manish Kashyap with his Twitter handle ‘@Sudhir_Mish’ on March 19, 2023 (Sunday). In the picture, Manish is surrounded by 4 people. These four are said to be soldiers of the Bihar Police in plain uniform. Manish, in blue jeans and a purple shirt in the photo, has handcuffs on both hands. Manish has joined the cuffed hands. A policeman has taken the rope of this handcuff in his hand. The image is of a deserted place on a road. A vehicle is also seen parked behind.
This is journalist Manish Kashyap..not a terrorist-
Do Nitish, and Tejashwi, feel ashamed or not? pic.twitter.com/zUKXEReDU7— Sudhir Mishra 🇮🇳 (@Sudhir_mish) March 19, 2023
Sudhir captioned the photo, “This is journalist Manish Kashyap, not a terrorist. Do Nitish and Tejashwi feel ashamed or not? Apart from Sudhir Mishra, many other users are also showing their displeasure against Bihar Govt sharing this picture of Manish Kashyap Some people called it an act of intimidation by the journalist while others questioned Tejashwi’s rating.
According to reports, Tamil Nadu police has also reached Patna to question Manish Kashyap. Meanwhile, many people are expressing their anger over the pictures of Manish Kashyap covering his face and being handcuffed. Some users say that this behavior is done with terrorists. Shandilya Vijay is also included in the opposite handcuffs and gamchha.
Bihar YouTuber Manish Kashyap has surrendered, handcuffed and covered with a pot, looking like a feared terrorist.
Soon there will be 40-50 cases against him, there is talk of a big gang behind him.
Political action on leaders becomes vendetta.@NitishKumar @yadavtejashwi pic.twitter.com/6hkTmVuCTC— Shandilya Vijay (@vijayktiwari57) March 19, 2023
What is the Supreme Court’s advice on handcuffs
On Manish Kashyap’s handcuffed photo, some users are accusing the Bihar Police of violating Supreme Court directions. @NITI_1111 held his hand and said, “The Supreme Court has said that it is illegal to handcuff a person. In Sunil Batra v. Delhi Administration (1978) 4 SSC 409, the Supreme Court clearly stated that the police cannot handcuff a person”.
Supreme Court said handcuffing is unconstitutional: The Supreme Court has called handcuffing a person unconstitutional. In Sunil Batra v. Delhi Administration (1978) 4 SSC 409, the Supreme Court clearly stated that the police cannot handcuff a person
— Nitish Pradhan (@NITI_1111) March 19, 2023
When we checked this claim, we found an August 15, 2019 report from “Live Law.” In this report, the rules of detention have been mentioned in Section 46 of the ‘Code of Criminal Procedure 1973 (CrPC)’. There are 4 provisions in this manual. The first provision states that the police can only use necessary force against a person who resists arrest.
The same report cited the case of Sunil Batra v. Delhi Administration (1978) 4 SSC 409. In that case the Supreme Court had clearly said that the police cannot handcuff a person and if they do so it would be completely illegal and violative of Article 21 and Article 22 of the Indian Constitution. Article 21 gives the right to personal freedom to any person.
Handcuffs can be imposed under certain conditions
In the same report, another case was cited in the Supreme Court. This case was from Bihar. In the 1992 Anjani Kumar Sinha v. State of Bihar case, it was said that handcuffs depend on the character of the accused arrested. The Supreme Court had then said that if the accused is suspected to have escaped from custody or disturbed public peace, then under such circumstances he can be handcuffed by the police. During the hearing of some other cases, the Supreme Court had said that if the police wanted to handcuff someone, they should seek prior permission from the concerned court citing valid reasons.
However, it is still not clear whether the Bihar police, who handcuffed Manish Kashyap, had taken permission from the court earlier or not.
Why cover your face with a towel?
OpIndia spoke to SP Avinash Gautam, a retired deputy of the Uttar Pradesh Police, on the issue of covering Manish’s face with a pot. We were told that the police sometimes cover the accused’s face for security reasons and to ensure that the process of identifying possible future witnesses in prison is fair. Behind the cover of the face, the police often argue to keep the accused away from defamation.
However, the question of why Manish’s face was covered by the Bihar Police remains unanswered. In the various photographs of Manish that have come out from the custody of the Bihar Police, some show his face uncovered and some have it covered.
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