The High Court on Sunday stayed the remand of five top Bangladesh Nationalist Party leaders in custody.
The bench of Justice Borhanuddin and KM Kamrul Kader also asked the
police to send the five — BNP standing committee members Moudud Ahmed,
MK Anwar and Rafiqul Islam Mia, BNP chairperson’s adviser Abdul Awal
Mintoo, also a business leader, and BNP chairperson’s special assistant Shamsur Rahman Shimul Biswas — to jail at once.
Dhaka metropolitan magistrate Rezaul Karim on November 14 remanded the
five in police custody for eight days interrogation in two cases filed
with Motijheel police station for attack on the police and explosions of
crude bombs at Kamalapur in the city during a general strike on
November 5.
The High Court observed that the investigation officers concerned might interrogate the five at the Dhaka Central Jail gate.
After hearing a petition filed by the five, the bench also asked the
Dhaka deputy commissioner and the investigation officers concerned to
explain in two weeks why the order passed on November 14 by metropolitan
magistrate Rezaul Karim would not be quashed.
A chaotic situation was created in the courtroom when the petitioners’
counsel AJ Mohammad Ali reminded attorney general Mahbubey Alam that the
opposition Awami League in 2001 had killed at least 10 people by
torching a double-decker bus by pouring gunpowder.
Mahbubey raised objection saying that the present situations should not be comparable to that of 2001.
As the state attorneys and pro-government and anti-government lawyers
locked into altercation slogans were also chanted against the attorney
general.
The situation calmed down following request from their senior lawyers
while the police in both uniform and plainclothes later forced public
out of the courtroom.
AJ Mohammad Ali argued that the metropolitan magistrate remanded the
politicians in custody for interrogation in violation of the High
Court’s recommendations laid down in the landmark judgement in the
Bangladesh Legal Aid and Services Trust versus government case in 2003.
He argued that magistrate Monab Begum had adjourned the remand hearing
as the prosecution failed to produce any documents on progress of
investigation in the case on November 9, magistrate Rezaul Karim on
November 14 remanded the five in custody on the basis of a diary which
had no sufficient evidence to satisfy the magistrate for the remand.
One of the High Court directives stipulated that the investigation
officer must state in details in the case diary the grounds for taking
the accused in custody and would produce the diary involving progress of
investigation for consideration of the remand, he contended.
H argued that the magistrate was bound to follow the recommendations as per the constitution.
He said that the police in plainclothes had arrested the five leaders on
November 8 without any warrant and on the following day the
investigation officers prayed for their interrogations in custody
implicating them in two cases to malign them politically.
Mahbubey Alam argued that the remand should be upheld and the
investigation should be allowed as many innocent people died following
vandalism and torching of public vehicles. (source)