PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Suo Moto Rule No. 11 of 2017
Date of filing: 2017/05/29
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Petitioners

The State

Respondents

1.Secretary, Ministry of Home Affairs;

2.Inspector General of Police;

3. Superintendent of Police, Dhaka;

4. Officer-in-charge of Ashulia, Dhaka;

5. Deputy Inspector General of Police, Dhaka

Facts

A news item published in “The Daily Star” dated 29.05.2017 under the heading of “Handcuffed to hospital bed” was brought to attention of the Court. A student of Jahangir University from the Government and Politics department Nazmul Hossain became sick on 27.05.2017 while protesting against the deaths of two Jahangirangar University students in a road crash the day before. He was taken to the university medical centre for treatment but the police allegedly forced him to get admitted to Enam Medical College Hospital in Savar so that they could arrest him there. Nazmul was treated at the hospital with one of his hands cuffed to the hospital bed.

Rule/Order/Judgment
Date: 29/05/2017


Details
The Court issued a Rule Nisi upon the respondents, in particular, the Secretary Ministry of Home, Inspector General of Police, Superintendent of Police, Officer-in-charge of Ashulia, Dhaka, Deputy Inspector General of Police, Dhaka to show cause as to why actions should not be taken against them for putting handcuffs on an injured student in a bed of Enam Medical College, Savar in violation of the Rule 330(a) of the Police Regulations of Bangladesh (PRB).

The Court also directed the respondents to remove the handcuffs from the hands of injured student Nazmul Hossain. The Officer-in-charge of Ashulia, Dhaka was directed to appear personally before the Court on 31.05.2017 and give an explanation on the matter.

Justices
Ms. Justice Salma Masud Chowdhury
Mr. Justice A.K.M. Zahirul Hoque


Date: 03/07/2018


Details

The Honourable High Court Division directed the police to remain cautious and not to misuse handcuffs for detainees.

Justices

1. Honourable Justice Salma Masud Chowdhury

2. Honourable Justice A.K.M. 
Zahirul Haque



Database Last Updated on:
Area of law
Health,
Safeguards on Arrest,
Freedom from torture
Keywords
Unlawful Detention; Torture
Relevant statute

Rule 330 (a) of the Police Regulations of Bangladesh (PRB)





Case Number: Suo Moto Rule No. 11 of 2017
Date of filing: 2017/05/29

Petitioners

The State

Respondents

1.Secretary, Ministry of Home Affairs;

2.Inspector General of Police;

3. Superintendent of Police, Dhaka;

4. Officer-in-charge of Ashulia, Dhaka;

5. Deputy Inspector General of Police, Dhaka

Facts

A news item published in “The Daily Star” dated 29.05.2017 under the heading of “Handcuffed to hospital bed” was brought to attention of the Court. A student of Jahangir University from the Government and Politics department Nazmul Hossain became sick on 27.05.2017 while protesting against the deaths of two Jahangirangar University students in a road crash the day before. He was taken to the university medical centre for treatment but the police allegedly forced him to get admitted to Enam Medical College Hospital in Savar so that they could arrest him there. Nazmul was treated at the hospital with one of his hands cuffed to the hospital bed.


Rule/Order/Judgment
Date: 29/05/2017:
Details
The Court issued a Rule Nisi upon the respondents, in particular, the Secretary Ministry of Home, Inspector General of Police, Superintendent of Police, Officer-in-charge of Ashulia, Dhaka, Deputy Inspector General of Police, Dhaka to show cause as to why actions should not be taken against them for putting handcuffs on an injured student in a bed of Enam Medical College, Savar in violation of the Rule 330(a) of the Police Regulations of Bangladesh (PRB).

The Court also directed the respondents to remove the handcuffs from the hands of injured student Nazmul Hossain. The Officer-in-charge of Ashulia, Dhaka was directed to appear personally before the Court on 31.05.2017 and give an explanation on the matter.

Justices
Ms. Justice Salma Masud Chowdhury,   Mr. Justice A.K.M. Zahirul Hoque

Date: 03/07/2018:
Details

The Honourable High Court Division directed the police to remain cautious and not to misuse handcuffs for detainees.

Justices

1. Honourable Justice Salma Masud Chowdhury

2. Honourable Justice A.K.M. ,  Zahirul Haque



Reference

Area of law
Health,  Safeguards on Arrest,  Freedom from torture

Keywords
Unlawful Detention; Torture

Relevant statute

Rule 330 (a) of the Police Regulations of Bangladesh (PRB)


Related Proceedings
Database Last Updated on:
Full Judgment Link: http://bdpil.org.bd/assets/uploads/pdf/ba5c0-suo-moto-11-of-2017.pdf