Decisive Demand: Ten Eminent Lawyers Unite to Banish the Iron Cage from the Courtroom
Md. Shawkat Alam Faisa: A consortium of ten distinguished legal practitioners from the Supreme Court has joined forces to issue a formal legal notice to the government, beseeching the removal of iron cages from courtrooms. This official notice, meticulously transmitted through the channels of registered mail, found its way to the Law Secretary, Senior Secretary of the Public Security Department, and the Inspector General of Police. The bearer of this important communication, Mr. Mohammad Shishir Monir, effectively relayed the message on Monday, October 16.
These ten legal luminaries, serving as the architects of this notice, include GM Mujahidur Rahman, Muhammad Misbah Uddin, Md. Jobaidur Rahman, Mohammad Nawab Ali, Azimuddin Patwari, Mohammad Sajjad Sarwar, Md. Mujahidul Islam, Mohammad Saddam Hossain, Mohammad Mizanul Haque, and Abdullah Sadiq.
The crux of their notice centers on the historical backdrop of the legal and judicial framework, underlining the fact that a substantial portion of the current system was established during the British colonial era. A noteworthy historical point is that the practice of presenting accused individuals in court commenced during this colonial period.
However, the essence of the notice hinges on the absence of historical precedents for the use of iron cages during court proceedings in the country, even a practice not prevalent in common courtrooms in India. Notably, no domestic legislation lends support to the deployment of iron cages for such purposes.
The notice delves into the specifics of Section 56 of the Prisons Act, 1894, which sanctions the use of iron chains for restraining prisoners within jails, subject to government approval. However, it asserts that placing accused individuals in iron cages within an open court before they are declared guilty during trial contradicts the fundamental principle of the presumption of innocence, in violation of both domestic laws and international regulations.
Moreover, the notice underscores the findings of a comprehensive examination of domestic and foreign legal statutes, international norms, and High Court precedents, all of which collectively attest to the inhumaneness of employing iron cages instead of the conventional bars.
This practice is highlighted as contravening Article 35 (5) of the Constitution of Bangladesh, international regulations, and the sacrosanct principle of the presumption of innocence. It is vehemently argued that the removal of these iron cages from courtrooms is nothing short of essential, serving as a cornerstone in safeguarding human dignity and securing fundamental rights.
In light of these weighty concerns, the notice formally requests the government to expeditiously eliminate the iron cages from courtrooms within four weeks of receiving the notice. The four-week window is deemed imperative for the realization of fundamental rights in accordance with Article 35 (5) of the Constitution and international regulations.
Importantly, the notice signals that a failure to adhere to this request within the stipulated timeframe will compel the filing of a writ petition in the High Court Division, seeking the safeguarding of fundamental rights, as exhaustively outlined in the notice. It underlines the urgency for the swift and appropriate action to be taken within this four-week timeframe.
Md. Shawkat Alam Faisal is an LL.B (Hons.) Graduate and LL.M (International Law) Candidate at the Department of Law, University of Rajshahi.
