Iron fetters can only be imposed on top terrorists: HC

Staff reporter :
The High Court on Tuesday opined that iron fetters cannot be imposed on prisoners, except for the top terrorist, militants and notorious criminals.

It ordered the jail authorities to strictly follow the circular issued by the Department of Prisons in November, 2022 that restricted imposition of iron fetters on prisoners, except top terrorists, militants and notorious criminals, while producing them before the courts or transferring them to a place for security reasons.

In response to a writ petition, the court also issued a rule asking authorities concerned of the government to explain as to why imposition of bar fetters on Md Nazmul Mridha, a Jatiyatabadi Chhatra Dal (JCD) leader of Patuakhali, when he was attending his father’s namaz-e-janaza should not be declared illegal.

The HC bench of Justice Mustafa Zaman Islam and Justice Md Atabullah issued the order and rule following a writ petition filed by Nazmul Mridha challenging the legality of jail authorities’ action to impose bar fetters on him.

Nazmul Mridah, JCD Joint Convener of Patuakhali’s Mirzaganj Upazila, was arrested on December 20 last year in a case filed under Explosive Substances Act.

The court concerned ordered for his release from jail on parole from 1:00 pm to 5:00 pm on January 13 for attending his father’s janaza.
His father Md Motaleb Hossain Mridha died on January 12 while undergoing treatment at Barishal Sher-E-Bangla Medical College Hospital.

Police unlocked the handcuff but kept iron fetters on Nazmul Mridha during the janaza at Subid Ali village in Mirzaganj around 3:00 pm on January 13. After the janaza, Nazmul was taken back to prison, the report said.

Barrister Kayser Kamal on January 15 this year placed the report before the HC bench and sought necessary directives on the issue on a Suo Motu (voluntary) move.