Non-cognisable or penal offence?

A police investigation report submitted to the returning office of Dhaka North City Corporation (DNCC) election showed that they did not find any attack on Tabith Awal -- BNP’s mayor candidate for DNCC -- and his followers.

Police said a scuffle between activists of Awami League and BNP took place, which is a non-cognisable offence.

However, after holding a separate investigation, Executive Magistrate Imran Shahriar in his probe report said Tabith’s complaint is out of purview of mobile court, and should tried under The Penal Code, 1860.

“Necessary steps can be taken after detailed probe,” Imran Shahriar said in his report.

DNCC returning officer Abul Kashem said that he would forward the reports to the Election Commission for further action.

Tabith Awal and his followers came under attack while campaigning in the capital’s Gabtoli area on January 21.

Witnesses said a group of people started throwing brickbats at Tabith and his followers while they were electioneering in Gabtoli’s Bajarpara area around 11:15am. BNP leaders alleged the attackers were supporters of a local ward councillor candidate backed by the ruling Awami League.

Tabith suffered minor injuries, while several of his followers were also injured. Tabith filed a complaint with RO that night, and sought suspension and withdrawal of Darus Salam Police Station’s officer-in-charge.

The returning officer, in a letter on January 21, asked the OC of the Darus Salam Police Station and executive magistrate concerned to investigate the matter and submit a report within 48 hours.

Darus Salam police officer-in-charge Tofail Ahmed in his report said Tabith and his supporters came face to face with AL-backed ward councillor candidate Mujib Sarwar Masum and his supporters on a narrow road at Borobazar in Gabtoli.

Police intervened and dispersed both groups after they were engaged in a scuffle, the probe report said. After getting complaints from both groups, police made an enquiry and found that it was a non-cognisable offence.

Tofail said that none of the candidates had informed them about their plan to take part in electioneering.

DNCC returning officer Abul Kashem said according to the electoral code of conduct, all candidates should inform local police 24 hours prior to holding a street rallies or meetings.

“Both candidates have violated electoral code of conduct; we will send then letter to follow the electoral code of conduct strictly,” he said.

DNCC RO also sent a letter to all candidates, asking them to inform local police about their activities 24 hours prior to the programmes.