A legal notice has been sent to officials concerned to stop having a prisoner wear handcuffs and leg irons illegally.
The notice was sent to the senior secretary of the Ministry of Home Affairs, two secretaries of the Ministry of Law, Justice and Parliamentary Affairs, the inspector general of police, and the inspector general of prisons.
It was sent by lawyer Asad Uddin, on behalf of 10 lawyers of the Supreme Court on Sunday.
The lawyers also made a request that the abuse of handcuffs and leg irons be put an end to within 15 working days and that a policy be formulated in this regard.
Md Asad Uddin told journalists that on December 20 last year, the Bangla daily Prothom Alo carried a news item relating to a convicted criminal from Gazipur attending his mother's namaz-e-janaza in handcuffs and leg irons.
On January 17, a similar story was published by another news outlet, he added.
The lawyer also mentioned that during the same period, several lawyers accused in cases were brought to Dhaka courts with leg irons on. “These incidents were highly covered by news outlets and went viral on social media.”
The lawyer later quoted Police Regulations, Bengal 330, which reads: “Prisoners arrested by the police for transmission to a Magistrate or to the scene of an enquiry, and also under-trial prisoners, shall not be subjected to more restraint than is necessary to prevent their escape. The use of handcuffs or ropes is often an unnecessary indignity.”
“In no case shall women be handcuffed; nor shall restraint be used to those who either by age or infirmity are easily and securely kept in custody. Witnesses arrested under Section 171, Code of Criminal Procedure, shall, in no circumstances be handcuffed,” it adds.
The lawyer said the use of leg irons is only allowed under the Jail Code and the Prisons Act, 1894.
“And according to the Police Regulations, Bengal, only handcuffs are allowed in some cases, but never leg irons,” said lawyer Asad Uddin.
He later quoted Article 31 of the Constitution of the People's Republic of Bangladesh, which says: “To enjoy the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law.”
