Legal provision involved in the case Prem Shankar Shukla vs Delhi Administration AIR 1980 SC 1535- list it
Question
Legal provision involved in the case Prem Shankar Shukla vs Delhi Administration AIR 1980 SC 1535 - list it
Solution
The case of Prem Shankar Shukla vs Delhi Administration AIR 1980 SC 1535 involved the following legal provisions:
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Article 14 of the Indian Constitution: This article guarantees equality before the law and equal protection of the laws within the territory of India. It was invoked in this case to argue against the discriminatory treatment of prisoners.
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Article 19 of the Indian Constitution: This article guarantees certain freedoms to the citizens of India. It was invoked in this case to argue against the infringement of the prisoner's personal liberty.
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Article 21 of the Indian Constitution: This article guarantees the right to life and personal liberty. It was invoked in this case to argue against the inhuman treatment of the prisoner.
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Section 56 of the Delhi Prisons Act, 1894: This section provides for the handcuffing of prisoners. It was invoked in this case to argue for the necessity of handcuffing the prisoner.
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Section 58 of the Delhi Prisons Act, 1894: This section provides for the use of fetters on prisoners. It was invoked in this case to argue for the necessity of using fetters on the prisoner.
The Supreme Court, in this case, held that the routine use of handcuffs on prisoners is in violation of the fundamental rights guaranteed under Articles 14, 19 and 21 of the Constitution. The Court ruled that handcuffs should only be used as a last resort when there is a clear and present danger of escape breaking out.
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