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Hindustan Times
5 days ago
- Politics
- Hindustan Times
‘Making undertrials stand with raised arms is not legal'
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. (Getty Images/iStockphoto) 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.
Hans India
18-07-2025
- Hans India
‘Hands up in the air': Court punishes 4 for contempt
New Delhi: A Delhi court directed four accused persons to stand in the court with their hands raised in the air for the entire day after finding them guilty of contempt of court. Judicial Magistrate Saurabh Goyal was hearing a 2018 complaint case, which was at the stage of pre-charge evidence. In an order dated July 15, he said, 'Despite waiting and calling the matter twice from 10 AM till 11:40 AM, the bail bonds were not furnished by the accused persons. For wasting the time of the court, which is in contempt of the order duly promulgated on the last date of hearing, the accused persons are here-by held guilty for contempt of court proceedings and are convicted for the offence under Section 228 (intentional insult or interruption to public servant sitting in judicial proceeding) of the IPC.' 'They are directed to stand in the court till the rising of this court with their hands straight in the air,' the magistrate added. The court posted the matter for further proceedings on August 11. The accused persons, according to the order, are Kuldeep, Rakesh, Upasana and Anand, while two other accused have passed away.
News18
17-07-2025
- News18
Hands up in the air: Delhi court punishes 4 accused for contempt
New Delhi, Jul 17 (PTI) A Delhi court directed four accused persons to stand in the court with their hands raised in the air for the entire day after finding them guilty of contempt of court. Judicial magistrate Saurabh Goyal was hearing a 2018 complaint case, which was at the stage of pre-charge evidence. In an order dated July 15, he said, 'Despite waiting and calling the matter twice from 10 AM till 11:40 AM, the bail bonds were not furnished by the accused persons. For wasting the time of the court, which is in contempt of the order duly promulgated on the last date of hearing, the accused persons are hereby held guilty for contempt of court proceedings and are convicted for the offence under Section 228 (intentional insult or interruption to public servant sitting in judicial proceeding) of the IPC." The order continued, 'They are directed to stand in the court till the rising of this court with their hands straight in the air." The accused persons are namely Kuldeep, Rakesh, Upasana and Anand, and two other accused persons died during the pendency of the case. In a subsequent order, the magistrate noted that at around 12:48 pm, accused Kuldeep moved a bail application along with furnishing the bonds. view comments First Published: July 17, 2025, 19:45 IST Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
Time of India
17-07-2025
- Time of India
Delhi court orders accused to stand with hands raised for contempt of court
New Delhi: A Delhi court recently directed four accused persons to stand in court with their hands held up and stretched in the air for the entire day after finding them guilty of contempt of court. The court of judicial magistrate Saurabh Goyal was hearing a 2018 complaint which was at the stage of pre-charge evidence. "Despite waiting and calling the matter twice from 10am till 11.40am, the bail bonds were not furnished by the accused persons," the court said. "For wasting the time of the court... the accused persons are hereby held guilty for contempt of court proceedings and are convicted under Section 228 (intentional insult or interruption to public servant sitting in judicial proceeding) of the IPC," the judge said. "They are directed to stand in the court till the rising of this court with their hands straight in the air," the court added. You Can Also Check: Delhi AQI | Weather in Delhi | Bank Holidays in Delhi | Public Holidays in Delhi The case pertains to a complaint by Harkesh Jain, who alleged that Kuldeep, along with Anil, Ram Kumar, Anand, Rakesh and Upasana, hatched a conspiracy in March 2018 to grab his 334 sq yards of land in Palam village. Of the four accused persons, two have passed away. Jain also alleged that in May 2018, the accused carried out construction on his share of the property and issued threats to his life when he raised objections. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like An engineer reveals: One simple trick to get internet without a subscription Techno Mag Learn More Undo Initially, the court remanded Kuldeep to 14 days in judicial custody for failing to furnish bail bonds. However, an hour later, the court granted Kuldeep bail after he furnished the bonds. "Since the offence involved is bailable in nature, the accused Kuldeep is admitted to bail upon furnishing of P/B and S/B in the sum of Rs.10,000 each," the court said in another order that was passed the same day.
India Today
17-07-2025
- India Today
Trespassing case accused made to stand with hands in air for wasting court's time
A Delhi court recently imposed an unusual punishment on four accused in a criminal trespass case after they failed to submit their bail bonds despite multiple opportunities for wasting the court's strong exception to the delay, Judicial Magistrate First Class Saurabh Goyal of the Dwarka Courts ordered the accused to stand in the courtroom with their hands in the air until the court adjourned for the judge was hearing a complaint when he noted that the matter had been called twice between 10:00 AM and 11:40 AM, yet none of the accused complied with the earlier order to furnish bail bonds. "For wasting the time of the court, which is in contempt of the order duly promulgated on the last date of hearing, the accused persons are hereby held guilty for contempt of court proceedings and are convicted for offence U/s 228 IPC. They are directed to stand in the court till the rising of this court with their hands straight in the Air," the court their conduct a waste of judicial time, the court held them guilty of contempt and convicted them under Section 228 of the Indian Penal Code, which deals with insulting or interrupting a public servant during judicial proceedings."Despite waiting and calling the matter bail bonds were not furnished," the court observed. "For wasting the time of the accused persons are hereby held guilty for are directed to stand in the court till the rising of this court with their hands straight in the air," Judge Goyal of the accused, Kuldeep, had still not submitted his bond by 11:40 AM and was sent to judicial custody for two weeks. However, his lawyers returned to court at 12:48 PM with the necessary verification, the court accepted the bail bonds and released him on bail against a personal and surety bond of Rs 10,000 each.- EndsTune InMust Watch
