Persistent use of bar fetters might render us an uncivilised nation someday: HC
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The High Court has expressed its dismay over the incidents of keeping the accused in bar fetters.
“If the incidents [of keeping the accused in bar fetters] continue one after another, we might become an uncivilised nation,” the High Court bench of Justice Mustafa Zaman Islam and Justice Md Atabullah said on Monday, as its attention was drawn to a media report over the police action of keeping Md Nazmul Mridha, a Patuakhali Jatiyatabadi Chhatra Dal (JCD) leader, in bar fetters on Saturday during his father's namaz-e-janaza (funeral prayer).
According to the media report, Nazmul, a joint convener of Patuakhali's Mirzaganj upazila JCD, was arrested on December 20 last year in connection with a case filed under the Explosive Substances Act.
As his father, Md Motaleb Hossain Mridha, died on the night of January 12 whilereceiving treatment at Barishal Sher-e-Bangla Medical College Hospital, he was released on parole for four hours from 1:00 pm to 5:00 pm on January 13 to attend his father's janaza, the report added.
Police unlocked his handcuff but kept him in bar fetters during the janaza at Subid Ali village in Mirzaganj around 3:00 pm on January 13. After the janaza, the accused was taken back to prison, according to the report.
Barrister Kayser Kamal on Monday brought the report to the HC bench's attention and sought necessary directives on the issue of a Suo Motu (voluntary) move.
The bench asked the lawyer to move a petition before maintaining relevant legal procedures for an order.
Kayser Kamal said that he would file a writ petition with the HC seeking the necessary order within this week.
Following a writ petition, the same High Court bench on December 4, 2023, questioned the legality of law enforcers' action of keeping Jashore's Jubo Dal leader Md Aminur Rahman Modhu in bar fetters while being treated at a Dhaka hospital.
The court issued a rule asking the authorities concerned to explain as to why the law enforcers' action should not be declared illegal.
At the same time, the HC ordered the government to shift Modhu to Bangabandhu Sheikh Mujib Medical University (BSMMU) in 10 days for better treatment.
Aminur's wife, Nahid Sultana, had filed the writ petition, seeking necessary directives on the matter.