Undoubtedly grave it was

The High Court yesterday observed that the allegation against then OC  of Rajshahi’s Puthia Police Station Shakil Uddin Ahamed of manipulating  the FIR in labour leader Nurul Islam murder case is undoubtedly grave.

The court said it is a punitive offence under sections 166 and 167 of the Penal Code.

Delivering the verdict on a writ petition, the court said the two sections of the Penal Code are scheduled in the Anti-Corruption Commission Act.

It  directed the chief judicial magistrate of Rajshahi, who conducted a  judicial inquiry into the allegation, to send the probe report along  with relevant documents and witnesses’ statements to the ACC.

The  HC also ordered the graft watchdog body to initiate the next course of  action based on the judicial inquiry report under the ACC act-2004 and  the ACC rules-2007 after receiving the documents from the chief judicial  magistrate.

Rajshahi’s CJM Md Mehedi Hasan Talukder submitted the  probe report to the HC last month, saying that the inquiry has found  five police officials, including three additional superintendents of  Rajshahi police and OC Shakil, responsible for manipulating the first  information report.

The four other police officials are additional  superintendents of police (administration and crimes) Mahmudul Hasan, M  Matiur Rahman (DSB) and Abul Kalam Shahid (Puthia circle), and  Inspector (investigation) Mohinul Islam of Puthia Police  Station.

Yesterday,  the HC directed the investigation officer to immediately transfer the  case to the Police Bureau of Investigation (PBI) for investigation.

The  bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman  expected that PBI chief Banaj Kumar Majumder would play a special role  in supervising the probe.

The court delivered the verdict after a  petition was filed by Nurul’s daughter Nigar Sultana challenging the FIR  of the murder case.

It also asked the inspector general of police  to take departmental action against OC Shakil after conducting an  inquiry into the allegation brought against him, saying that informant  Nigar and multiple people, including Shakil’s subordinate policemen and  even his mother-in-law lodged different allegations with the IGP.

“While  conducting daily judicial proceedings, we are very often noticing that  various allegations are brought against law enforcers, including local  police officers in different areas,and the victims lodge written  complaints with the office of inspector general of police. But the  allegations are not disposed of quickly,” the HC bench said.

The  HC bench hoped that the IGP would take necessary steps to this effect,  and the court also believed that the IGP would make the functions of  “IGP Complaints Monitoring Cell” more effective and speedy.    

The  court observed that the police administration of Rajshahi showed  irresponsibility and violated the law by publishing the disputed  confessional statement of a child arrested in connection with the case  through issuing a press release to the media.

It ordered the IGP to take necessary measures in this regard after conducting a departmental inquiry.

The  HC bench also directed the Rajshahi police administration to provide  Nigar, her family members, witnesses of the case, and plaintiff’s  lawyers with necessary security.

Barrister Jyotirmoy Barua appeared for the writ petitioner, while Attorney General Mahbubey Alam represented the state.

According  to the petition, an election to Puthia Motor Sramik Union was held on  April 24 this year and Nurul contested the election for the general  secretary post.

The following day, the polls results showed that Abdur Rahman Patal was elected general secretary of the Sramik Union.

Nurul  filed a case with a Rajshahi court on June 9, claiming that he bagged  602 votes against Patal’s 520, but the latter was declared elected  illegally.

The court on the same day issued an injunction,  restricting Patal and three others from taking up the posts of the  Sramik Union. The order was imposed on them on June 10.

Nurul went missing around 8:00pm that day, and his body was recovered from SS Brick Field the following day.

Nurul’s daughter Nigar filed a murder case on June 11 against eight people, including Patal.

In the FIR of the case, she alleged that then OC Shakil was involved in manipulating the election results in favour of Patal.

Police later submitted an FIR of the murder case to the trial court in Rajshahi, dropping the names of the eight accused.

On  September 16, the HC bench led by Justice M Enayetur Rahim directed the  CJM of Rajshahi to conduct an enquiry into the alleged manipulation of  the FIR by Shakil following the same writ petition.

It also  issued a rule asking government to explain as to why Shakil should not  be suspended for manipulating the FIR. The same day, OC Shakil was  suspended.  

Contacted, Nigar said she was happy as the verdict ordered for recording her complaint as the FIR.

Talking  to this correspondent over the phone, she said it was painful for her  as it took six months to lodge her complaint since her father death.

She expected that PBI would investigate the case without any bias and arrest the killers.