Withdrawal of OC not a punishment: HC

The High Court today expressed astonishment at the incidents of detention and torture of two businessmen of Shariatpur and forcefully taking cheques worth Tk 72 lakh from their family members and sending of the two to jail even after they secured anticipatory bail from the HC.

"Can the police beat them in such a manner even if they did not get bail in the case against them? Withdrawal of the officer-in-charge (OC) from the police station is not a punishment for the incident. Rather it is like a promotion," the HC bench of Justice Mustafa Zaman Islam and Justice Md Aminul Islam said during a hearing on a petition over the issue.

"If the copy of the High Court order of bail could not be placed before the chief judicial magistrate's court [of Shariatpur] during the case proceedings, the CJM could have looked it up online. Such orders of the HC are now available online. Even, he [CJM] could have communicated with the Supreme Court registrar general's office to enquire about the HC order, if he had felt problems. The law will take its due course," the HC bench also said.

The HC summoned the chief judicial magistrate of Shariatpur and two police officers – Shariatpur additional superintendent of police (Naria Circle) Md Rasel Monir and Padma Bridge South Police Station OC Sheikh Md Mostafizur Rahman to appear before it on July 16 to explain their positions regarding the incidents.

The HC asked the inspector general of police and superintendent of police (SP) of Shariatpur to submit a report on what steps have been taken against Rasel Monir and Mostafizur Rahman to this effect.

The HC bench passed the order after hearing of a petition filed by Mohammad Mujibur Rahman, lawyer for businessmen concerned Saddam Chokder and Bakul Chokder, seeking necessary directives on the authorities concerned about the CJM and the police officers.

During the hearing, the lawyer told the bench that this court granted anticipatory bails on May 29 to nine accused including Saddam and Bakul in the case filed under the Law and Order Disruption (Speedy Trial) Act.

On May 30, OC Mustafizur Rahman and Additional SP Rasel, with president of (Jajira) upazila Chhatra League unit Rubel Bepari accompanying, arrested Saddam and Bakul at their home in Keraniganj and forcefully took five cheques of Tk 72 lakh from their cousin Abu Zafar Thanddo at the police station, lawyer Mujibur said, adding that some of their female family members and children were picked up and brought to the police station on that day.

Deputy Attorney General Sarwar Hossain Bappi told the HC that a committee has been formed to enquiry into the incident and OC Mustafizur has already been withdrawn from the police station.