NEW DELHI: Is an accused in judicial custody entitled to “Z” category security? This question has gained importance in view of the court orders penne former union minister H.K.L. hag at in judicial custody.

Mr, Bhagat had been provided “Z” Cate, ‘Security in view offthe threats for his alleged involvement in the 1984 riots. Dec to health problems, he was moved under judicial custody of the G, B. Pant hospital from the courtroom last week.

‘Those who have been provided “Z”” category security are escorted by Black Cat commandos. They are also given escort cars.

Once in judicial custody, under trials are escorted to courts and back or to jitals by the Delhi Armed Police Senior additional commissioner of police (armed police and training) T.R. Kakkar seq “Z” category security had not been withdrawn so far. On being asked why, he said, “It was provided to him by the government. And, it will be withdrawn only on the instructions of Te government.

Additional commissioner of police (security and traffic), Ms. Kanwaljit Deol, said the government had decided not to withdraw “Z” caten security to Mr. Bhagat while he is in the hospital. “Whittler it will be withdrawn or not will be decided by the government, only after he is sent to Tihar jail, but, no one is being allowed to meet him in the hospital.

Additional public prosecutor M.S, Bhutalia said, “Mr. Bhagat is not entitled to any extra security. He should be treated like other jail inmates.” Mr, Bhutalia said he was also the counsel of Satnami Bai based on whose statement Mr. Bhagat has been remanded to judicial custody.

“There are no categories of an under trial. Every under trial who is in the custody of the state has to be given protection so that his life is not in anger, senior counsel P.N. Lekhi Mr, Lekhi said the same treatment should be given for the personal protection of all under trials. “There is no “Z” category for any under trial. But, his life has to be protected. As long as an.undertrial is outside the jail, he has to be given maximum protection even any number of army battalions may, be provided to him to save his fc.”

Lawyer AP. Ahluwalia said, “Extra security is provided to a person who is outside the jail. And, once an accused it sent to jail, the jail authorities have to take al! ‘Auctions for his safety.”

Special public prosecutor A.B. Tandon, handling the 1984 riot case in which Mr. Bhagat has been remanded to judicial custody, said, “I have not heard any Black Cat commando escorting any accused in jail, but, whether the “Z” category security should be withdrawn in hospital, the decision has to be taken by the government.

Article extracted from this publication >>  January 31, 1996