Misbehaviour with Magistrate: Kushtia SP tarnished image of judiciary

The High Court yesterday observed that the superintendent of police in Kushita committed serious contempt of court and made a severe attack on the administration of justice.

SM Tanvir Arafath's behaviour with Judicial Magistrate Mohsin Hasan has also tarnished the image of the judiciary as a whole, the court said.

The observations came amid allegations that the SP misbehaved with the judicial magistrate in Bheramara, Kushita, during the municipality election on January 16.

"The action of the superintendent of police, Kushtia, namely, SM Tanvir Arafath cannot be taken lightly as he has not only committed serious contempt of court, but has also tarnished the image of the judiciary as a whole with his contemptuous remarks, behaviour and attitude," the HC said.

The HC bench of Justice Mamnoon Rahman and Justice Khizir Hayat also issued a summons order on a suo moto (voluntary) move after a report on the incident was published on amadershomoy.com, according to Deputy Attorney General Taherul Islam.

SP Arafath was asked to appear before the court on January 25 and explain why policemen misbehaved with the judicial magistrate.

The order said, "The behaviour and the attitude of the said superintendent of police to an officer of the judiciary who is performing the judicial functions as per the provisions of law under the guidance of the Supreme Court of Bangladesh amount to serious contempt of court.

"Such behaviour of the said superintendent of police, Kushtia, is a severe attack to the administration of justice and ultimately the entire judiciary."

The bench asked SP Arafath to place his explanation on the allegation of misbehavior done by his subordinates. It also issued a rule asking the SP to show causes as to why contempt of court proceedings should not be launched against him and why he should not be punished for misbehavior.

According to media reports, Judicial Magistrate Mohsin went to the polling centre at Bheramara Pilot Model High School after receiving complaints of voter fraud during the municipality election on January 16.

He was talking to the presiding officer when SP Arafat, ASP Mostafizur Rahman, and several other policemen went there and loudly called the presiding officer aside.

Mohsin then told the policemen that he was a judicial magistrate and requested them to let him speak to the presiding officer first, the reports said.

SP Arafath then called the magistrate impolite and asked him to leave the centre, according to the reports.

Mohsin recently filed a complaint with the Election Commission accusing the SP of misconduct, reports our correspondent in Kushtia.

Copies of the complaint were sent to the Registrar General's Office of the Supreme Court, law and home ministries, and the office of Inspector General of Police.

The complaint said that the SP has done serious misbehavior and uncourteous conduct which was a blatant violation of the Local Government Election Rules, 2010, according to the reports.