Jail code no excuse: Lawyers, rights activists slam handcuffing ex-AL minister on hospital bed

Two photographs of former industries minister Nurul Majid Mahmud Humayun lying in a hospital bed with handcuffs on have spread across social media following his death.

In the images, the former Awami League MP from Narsingdi-4 (Monohardi-Belabo) is seen with his eyes closed, his hands handcuffed even in a frail and bedridden condition.

Although prison authorities denied that the photograph was taken inside the ICU, claiming it was from an earlier stage of his hospitalisation, lawyers and human rights activists have strongly criticised the incident, saying that putting handcuffs on elderly and ailing Nurul Majid – no matter before or after his death – constitutes a clear violation of human rights.

They say the incident must be investigated, and those responsible must be held accountable to prevent recurrence.

"Keeping handcuffs on a dying or deceased person is inhuman and a stark violation of human rights. This will remain as an example of the most extreme breach of dignity," human rights activist Nur Khan Liton said.

In 2018, disposing of a petition filed by the Bangladesh Legal Aid and Services Trust (BLAST) a High Court bench observed that the law enforcement authorities must not misuse the law in handcuffing arrested persons. The authorities concerned must exercise utmost caution in this matter.

Section 330 of the Police Regulations states that police must not take more precautions than necessary to prevent the escape of detainees transferred for trial or detention, adding, "The use of handcuffs or ropes is often an unnecessary indignity. In no case, shall women be handcuffed; nor shall restraint be used to those who either by age or infirmity are easily and securely kept in custody."

Advocate Abu Obyaidur Rahman, who represented BLAST in the 2018 petition, told TBS today that the viral photos clearly show a breach of the High Court directive.

"How can a 75-year-old sick man be considered a dangerous or escape-prone prisoner? Moreover, the PRB explicitly states that ill prisoners must not be handcuffed," he said.

Although the Police Regulations regulates the police, not the prison officials, human rights activist Abu Ahmed Faijul Kabir highlighted the necessity to reform the Prisons Act, saying, "Our country's Prisons Act 1894 needs reform. The state is still being run under this centuries-old law. No prisoner should be shackled unnecessarily in the name of handcuffs or leg irons. These must be abolished. International human rights instruments (UDHR, Article 5; ICCPR, Article 10) also absolutely prohibit cruel and degrading treatment."

He added, "An 80-year-old man, gravely ill and at the verge of death – a freedom fighter and former minister of the country – being subjected to such inhuman treatment is not only against human values but also a grave failure of state responsibility."

Barrister Jyotirmoy Barua, a Supreme Court lawyer and human rights defender, called the incident "a violation of the constitution", citing Article 27 which guarantees equal rights and equal access to healthcare.

"This selective application of law is unacceptable. Justice must be equal for all. To see an elderly, ailing man treated in this way reflects the persistence of authoritarian practices," he said, adding that such cases must be investigated and those responsible brought before justice.

Prison authorities' position

The Department of Prisons denied that the photograph was taken inside the ICU, claiming it was from an earlier stage of his hospitalisation. In a statement signed by Assistant Inspector General (Media and Development) Jannat-Ul-Farhad, the prison authorities said, "The image being circulated on social media is not from his ICU treatment period. He was under proper care in Dhaka Medical College Hospital until his death. Misleading information is being spread, and we urge everyone to refrain from such irresponsible acts involving a deceased person."

Senior Jail Superintendent of Keraniganj Central Jail Suraiya Akhter also told TBS that according to jail regulations, prisoners are sometimes kept handcuffed in hospital "for security purposes". She said Nurul Majid had been hospitalised several times, and the photo may have been taken during one such stay.

Medical authorities' response

Brigadier General Md Asaduzzaman, director of Dhaka Medical College Hospital, told TBS that prisoners are brought to the hospital by the jail police, and they keep them according to the jail code.

"We only provide treatment. Police stay with the prisoners all the time – this is not a matter for the hospital. He [Nurul Majid] was first in the medicine cabin and later died in the ICU. The photo that went viral is not from after his death. It was taken when he was first brought to the hospital."

De-Cage expresses concern

De-Cage Initiative, a Dhaka-based non-profit organisation, has issued a statement expressing deep concern about the incident.

It said the images of Nurul Majid raise serious questions about the dignity, human rights and treatment of prisoners. 

"We firmly believe that handcuffs should only be used when absolutely necessary and proportionate to the level of risk. The Police Regulations of Bengal (PRB, Section 330) also state that unnecessary or excessive use of handcuffs is inhuman and degrading. Particularly in cases of elderly, critically ill or physically frail prisoners where there is no realistic risk of escape such restrictive measures are completely unacceptable," the statement read. 

The organisation called for a humane and just correctional reform in Bangladesh.

Nurul Majid was arrested on 24 September from Gulshan, Dhaka, in connection with multiple cases filed over attacks during the anti-discrimination movement in 2024. He had been suffering from several age-related illnesses and was admitted to hospitals multiple times during his detention. He passed away while under treatment at Dhaka Medical College Hospital's CCU on 28 September.