The High Court today questioned the legality of modification of a judicial magistrate’s order to record a murder case against nine Rab men for the death of a man in Brahmanbaria.
The court issued a rule asking the authorities concerned of the government and Rapid Action Battalion to explain why the modification should not be quashed.
Nine plainclothes Rab-14 members allegedly entered the home of trader Shahnur Alam at Bogdohor village in Nabinagar upazila on April 29. They tortured Shahnur at the Battalion's Bhairab camp in Kishoreganj and handed him over to Nabinagar Police Station on April 30.
Shanur died at a hospital in Comilla on May 6 after being admitted there following a referral from the Brahmanbaria prison authorities.
Mehedi Hasan, brother of the deceased, on June 1 filed a compliant with a Brahmanbaria court in this regard.
On June 4, Judicial Magistrate Najmun Nahar ordered the officer-in-charge of Nabinagar Police Station to record the allegations as a murder case against nine Rab personnel including its Bhairab company commander AZM Sakib Siddique.
The magistrate also asked the Criminal Investigation Department (CID) of police to investigate the allegations against the Rab members.
Following a petition by Enamul Haque, an assistant sub-inspector of Rab, on June 8, District and Sessions Judge of Brahmanbaria Md Kawser modified the judicial magistrate’s order and asked the OC of Nabinagar Police Station to take necessary legal action after probing the allegation against the Rab personnel.
Mehedi on July 13 filed a revision petition with the HC challenging the district and session judge’s order of modification.
After hearing the revision petition today, the HC bench of Justice Md Shawkat Hossain and Justice Mustafa Zaman Islam issued the rule and also fixed September 3 for further hearing on the matter.
Rafiqul Islam Mia appeared for Mehedi, while Attorney General Mahbubey Alam opposed the revision petition.