2 judges differ on mass arrests

Two judges of the High Court yesterday passed dissenting orders on a writ petition that challenged the reported mass arrests in the capital by law enforcers ahead of BNP's Dhaka rally today.
Senior judge of an HC bench Justice Mirza Hussain Haider asked the government to explain in six weeks as to why it should not be directed to ensure free movement of people, their right to hold assembly and other fundamental rights enshrined in the constitution.
Junior judge of the bench Justice M Khurshid Alam Sarkar, however, rejected the petition, saying that he would not accept a petition relating to a political programme.
The HC bench will now send the petition to Chief Justice Md Muzammel Hossain who will then form another bench of the HC to dispose of the matter, petitioner's lawyer Khandker Mahbub Hossain told The Daily Star.
Ruhul Kuddus Kajol, a Supreme Court lawyer, filed the petition yesterday as public interest litigation, seeking HC directives upon the government to ensure that people can move freely in the capital.
The petitioner also sought a court ruling on the authorities concerned to release the people detained in the city in last few days. He placed before the HC bench some newspaper reports on mass arrests in Dhaka ahead of the BNP rally.
During the hearing on the petition, Attorney General Mahbubey Alam opposed the writ petition, saying the government was looking into whether any subversive activities would take place centring the grand rally.
Possibility of such activities cannot be ruled out as the war crimes trial is going on, he said, adding that filing of the petition the day before the programme was intentional.
Petitioner's lawyer Khandker Mahbub Hossain told the court that law enforcers had been reportedly arresting innocent people without following the legal procedure, which was a violation of their fundamental rights.