Court Correspondent :
The High Court on Thursday questioned the legality of a rule that allows the authorities concerned to install metal cage where accused persons stand during case proceedings in courtrooms of the country.
Rule 82 of the Criminal Rules and Orders (Practice and Procedure of Subordinate Courts), 2009 has laid out the provision for establishing metal cage for the accused people in every court so that no prisoner can escape there-from easily.
On Thursday, the High Court issued a rule asking the authorities concerned of the government to explain why the provisions of rule 82 of the Criminal Rules and Orders should not be declared contradictory to article 35(5) of the constitution as “inhuman and degrading treatment”.
The High Court bench of Justice Mustafa Zaman Islam and Justice SM Masud Hossain Dolon issued the rule following a supplementary writ petition filed by 10 Supreme Court lawyers, including GM Muzahidur Rahman, challenging the legality of the provision.
During hearing on the petition, the petitioners’ lawyer Mohammad Shishir Manir told the court that the provision of Rule 82 of the Criminal Rules and Orders is being used as a vehicle to inhuman and degrading treatment to the accused.
And this goes against the spirit of the constitution and is inconsistent with and in violation of the article 35(5) of the constitution and therefore, the provision for installing cage in courtrooms may be declared unconstitutional.
