‘FIR Manipulation’: SC rejects Puthia OC’s appeal
The Supreme Court yesterday upheld a High Court verdict that directed the authorities to enquire into the allegation against then OC of Rajshahi's Puthia Police Station Shakil Uddin Ahamed and others of manipulating the FIR in labour leader Nurul Islam murder case.
A four-member bench led by Chief Justice Syed Mahmud Hossain passed the order after dismissing a leave to appeal petition filed by the OC challenging the HC judgment.
Following a writ petition filed by Nurul's daughter Nigar Sultana, the HC on December 1 last year observed that the allegation against Shakil of manipulating the FIR is undoubtedly grave, which is a punitive offence under sections 166 and 167 of the Penal Code.
The two sections of the Penal Code are included in the Anti-Corruption Commission Act-2004, the HC said.
It is the sole jurisdiction of the OC to investigate a case after it has been filed with a police station, the court added.
The HC ordered the chief judicial magistrate of Rajshahi, who conducted a judicial enquiry into the allegation, to send the probe report along with relevant documents and witnesses' statements to the ACC.
It also directed the graft watchdog to initiate the next course of action
based on the judicial enquiry 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 in November last year, saying that the enquiry has found five police officials, including three additional superintendents of Rajshahi police and OC Shakil, responsible for manipulating the FIR.
Besides Shakil, 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.
In the verdict, the HC directed the investigation officer of the case to immediately transfer it to the Police Bureau of Investigation (PBI) for investigation. It also expected that PBI chief Banaj Kumar Majumder would play a special role in supervising the probe.
The court also asked the IGP to take departmental action against OC Shakil after conducting an enquiry into the allegation against him.
Yesterday, Nigar's lawyer Jyotirmoy Barua told The Daily Star that the ACC and the PBI were probing the allegation against the suspended OC and others following the HC verdict.
Shakil is reportedly trying to influence the probe, he said, adding that there is no legal bar for the ACC and the police administration to continue the investigation following the apex court order.
Yusuf Hossain Humayun and Abdul Matin Khasru appeared for Shakil, while Fida M Kamal and Jyotirmoy represented Nigar before the court.