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‘Recording Murder Confession Under Duress’

HC summons probe officers

The High Court yesterday summoned two investigation officers of a child murder case in Bogura to appear before it to place their explanations over allegation of forcibly taking confessional statement from the deceased's brother, who is also a minor.

The then IO Nayan Kumar, now an inspector of Criminal Investigation Department of Police in Naogaon, and the present IO Md Mansur Ali, a sub inspector of Police Bureau of Investigation in Bogura, have been directed to appear before the HC by 10:30am on August 3.

The HC bench of Justice Jahangir Hossain Selim and Justice Md Atoar Rahman ordered Nayan Kumar and Mansur Ali to submit  their written explanations over confessional statement of the accused minor to this bench in seven days. 

IO Mansur Ali has been ordered to appear before the bench on August 3 with the relevant case documents. 

The HC bench came up with the directives during the hearing on a criminal revision petition filed challenging the legality of the trial proceedings at the Juvenile Court in Bogura, in connection with the case where the underage boy was accused of murdering his eight-year-old brother.

Lawyer Mohammad Shishir Manir argued for the petitioners while Deputy Attorney General Md Bashir Ullah represented the state at the virtual hearing.

The accused boy and his parents were also virtually connected to the hearing.

Earlier on June 21, the HC bench had observed that forcing a confessional statement out of accused was "unfortunate for the country".

On that day, Shishir Manir told the HC bench that a father in Bogura has lost his eight-year-old son, but his another son aged 12 has been implicated in the murder case.

The father and his family have been compelled to leave their home, he said.

The lawyer also said the 12-year-old boy was tortured and forced to give confessional statement, but the juvenile court concerned in Bogura has not taken any legal steps to this effect although there is a law in this regard.

Five Supreme Court lawyers -- Ahammed Abdullah Khan, Md Zahirul Islam, Md Mustafizur Rahman, Md Zobaidur Rahman and Imrul Kayes -- jointly filed the criminal revision petition as a public interest litigation before the HC challenging the legality of the trial proceedings at the Juvenile Court in Bogura.

Shishir placed the petition before the HC bench along with a copy of The Daily Star report on the matter, as well as its video report, as supportive documents.

On June 11, The Daily Star published a report titled "Bearing the unbearable", and a follow-up video about the ordeal of the family.

On August 25, 2015, the body of eight-year-old was found in a jute field in Bogura's Katakhali. A day later, the father filed a case with Sariakandi Police Station.  

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