Govt asked to reply why Rab not be run as per law
Staff Correspondent
The High Court (HC) in a rule yesterday asked the government to explain in four weeks why it should not be directed to operate elite anticrime force Rapid Action Battalion (Rab) within the bounds of the law.The HC Division Bench of Justice Shah Abu Nayeem Muminur Rahman and Justice Mainul Islam Chowdhury issued the rule in the wake of a public interest litigation filed in the High Court on October 25 that challenged the constitution of Rab and sought an injunction against its operations. Law, home and Cabinet Division secretaries and the additional inspector general of police, who is in charge of Rab, have been asked to reply to the court rule. Senior Supreme Court lawyers Raziur Rahman Chowdhury and Sheikh Golam Hafiz filed the petition that termed the law leading to the formation of the crime-busting force contradictory to the constitution. The government formed Rab by amending the Armed Forces Battalion Ordinance, which has been operational since July 12 last year. Under the amended ordinance, Rab were given two responsibilities -- to gather all crime and crime-related information from the state intelligence agencies and conduct inquiries into any crime on government orders. The writ petition was filed in the wake of criticism against the Rab activities. Different human-rights groups have accused the force of violating the constitution and laws to deal with crimes and human rights through extra-judicial killings in custody and so-called crossfire. The main opposition Awami League has also demanded of the government to disband the 'killing force'. Over 50 people have so far been killed in Rab custody and 'crossfire'. During hearing of the writ petition yesterday, Advocate Raziur Rahman Chowdhury said, "Rab is not operating in line with the responsibilities bestowed by the government. Rab is violating its own laws." "Under the ordinance, Rab is to run investigations on government orders, but it is apparent that Rab is running investigations without government orders," Chowdhury added. According to the Criminal Procedure Code, Rab is to inquire about an incident of crime in order to file FIR (first information report) before it can launch a probe. But Rab is taking action on the basis of its own investigations and then filing FIR, he added. Chowdhury presented numerous press reports to corroborate his allegations and said, "I am not going into the question if Rab is good or bad, but these newspaper reports are proofs that Rab is not acting according to its legally-bound duties." Assistant Attorney General Zaman Akter Bulbul, representing the state, refuted the allegations. He said the law relating to the formation of the force has been passed in parliament and the force has been formed in line with the constitution.
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