A lower court can now continue the trial proceedings of a case that accused former Kurigram deputy commissioner Sultana Parvin, three executive magistrates, and several ansar members of attempting to murder a journalist in March, 2020.
The Supreme Court yesterday cleared the way for the lower court concerned.
The SC dismissed a leave to appeal petition, filed by one of the executive magistrates Nazim Uddin, that challenged the trial proceedings of the case.
Nazim's petition sought stay on the proceedings, saying that a departmental proceeding had already been initiated against him and he was not involved in assaulting journalist Ariful Islam.
The bench of the Appellate Division of the SC headed by Chief Justice Syed Mahmud Hossain passed the dismissal order after hearing the petition yesterday.
Ariful's lawyer Ishrat Hasan told The Daily Star that the High Court on March 23 last year directed police to immediately record Kurigram journalist Ariful Islam's assault and attempted murder case against Sultana and the other officials.
The HC also stayed the proceedings of the case filed by the mobile court against Ariful, his conviction, and sentencing.
In the early hours of March 14 last year, a mobile court of Kurigram administration, led by three assistant commissioners allegedly following DC Sultana's orders, convicted and sentenced Ariful to one year in prison after arresting him at his home.
Nine days later, the HC issued a rule asking the authorities concerned of the government, Sultana, Nazim, and assistant commissioners Rintu Bikash Chakma and SM Rahatul Islam to explain in four weeks as to why the mobile court's action against Ariful should not be declared illegal.
Kurigram Sadar Police Station recorded the case against Sultana and the other officials on March 30 for assaulting Ariful.
Sultana and the executive magistrates were suspended following the incident, lawyer Ishrat said.
In the leave to appeal petition, Nazim requested the Appellate Division to stay the HC order that asked the police to record the case against him.
The suspended officials are fugitives in the eye of the law as they have yet to surrender to the trial court, the lawyer said.
Lawyer Shahanara Begum represented Nazim during the virtual hearing on the petition.
Lawyer Ishrat said Ariful and his family members were about to go to sleep when several Ansar members, accompanied by magistrates Nazim, Rintu Bikash Chakma and Rahatul Islam, stormed the house and tortured him.
The mobile court sentenced him around 1:30am.
The incident happened after Ariful reported on alleged corruption by Sultana, said Ishrat.
Ariful later went to Kurigram Sadar Police Station to sue Sultana, Nazim, Rintu, Rahatul and the Ansar personnel for torturing and attempting to kill him. But police refused to record the case, the lawyer added.