Shackles usually used for heinous offences: HC on Jubo Dal leader's hospital treatment

The High Court on Wednesday pointed out that the use of shackles is typically reserved for convicted criminals involved in heinous offences, such as those associated with militancy.

The HC bench of Justice Mustafa Zaman Islam and Justice Md Atabullah made the observation after media reports of an arrested Jubo Dal leader getting hospital treatment in police shackles were brought to its attention by a senior lawyer AJ Muhammad Ali.

The photo of the arrested opposition leader, Aminur Rahman Madhu, lying on the floor at the National Heart Institute with his hands and legs in shackles went viral on social media on Tuesday and drew criticism from various sources.

Aminur, vice president of Jashore Jubo Dal, was arrested in Jashore under a Special Powers Act case. 

He is also an assistant professor of management at Amdabad Degree College in Jahsore and the literary and publication affairs secretary of the Central Committee of Bangladesh College Teachers Association.

Lawyer Muhammad Ali sought a suo moto (spontaneous) order from the HC. 

After holding a hearing, the court said criminals convicted of heinous crimes including militant involvement are usually put in shackles. There are several decisions of the High Court in this regard, as well as guidelines on which cases require such measures.

According to legal experts, the action is also a criminal offence under the Torture and Custodial Death (Prevention) Act 2013.

Section 330 (a) of Police Regulations also prohibits using strict measures, saying the use of handcuffs or ropes is often an unnecessary indignity.

The section states that "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."

However, the High Court refused to issue a suo moto rule over the incident and asked the lawyer to file a writ petition if he wanted.

Following the hearing, BNP's Legal Affairs Secretary Barrister Kayser Kamal told reporters that they will file a writ.

BNP leaders and activists called the treatment of the college teacher arrested in a political case a "violation of human rights".

However, prison authorities said the shackles were worn as per the prison rules for security. 

There was no violation of human rights, prison authorities said, adding that if any accused is sick, then they are taken to hospital as per doctor's advice.

According to family and prison sources, the police filed four cases under the Special Powers Act against Aminur at the Jashore Kotwali police station after the BNP rally in Dhaka on 28 October. 

Aminur was arrested from Amdabad Degree College on 2 November and sent to Jashore Central Jail.

Meanwhile, Aminur's health deteriorated, leading to the development of severe cardiac complications. Consequently, he was urgently admitted to the coronary care unit of Jashore General Hospital. However, due to the escalating gravity of his condition, he was promptly transferred to the National Heart Institute in Dhaka, where he received specialised treatment for 13 days.