HC issues rule on govt | The Daily Star
12:00 AM, February 25, 2008 / LAST MODIFIED: 12:00 AM, February 25, 2008

List of Top Criminals

HC issues rule on govt

A High Court (HC) Division yesterday issued a rule asking the government to explain why the order to include Moshiur Rahman Kochi in the list of top criminals instead of Omar Faruque Kochi, an accused in 100 criminal cases, should not be declared illegal.
The division bench of Justice Shah Abu Nayem Mominur Rahman and Justice Shahidul Islam passed the order following a writ petition submitted by Moshiur Rahman Kochi challenging the legality of inclusion on his name in the list of top criminals.
In the writ petition, it was mentioned that Moshiur Rahman Kochi was arrested from Comilla under Section 54 of the Criminal Procedure Code (CrPC) on June 11, 2003, although there was no case against him. Later, he was shown arrested in nine criminal cases, but the police submitted final report (FRT) on Kochi, as there was no evidence.
Earlier, the HC had granted bail to Kochi in another case, as there was no specific allegation against him. He was rearrested under section 16(2) of the Emergency Power Rules (EPR) on October 29 last year in front of the jail gate after he was released on bail.
He was also granted bail by the HC in the case filed under the EPR. Later, he was also given detention order under the Special Powers Act 1974.
Kochi could not be released from the jail because of the detention order.
On the other hand, Omar Faruque Kochi of IG gate, an accused in more than 100 criminal cases and an accomplice of top listed criminal 'Kala' Jahangir, was on the list of criminals. But the home ministry on December 27, 2001 in a gazette notification published a list of 23 top criminals showing Md Moshiur Rahman Kochi as one of the criminals instead of Md Omar Faruque Kochi.
Advocates Abdul Baset Majumder, Mamtazuddin Ahmed and Mosfaqur Rahman Sobuj moved the writ petition.

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