Live bullets can’t be used if there’s no riot or law violation: HC

The High Court yesterday observed that law enforcers can use rubber bullets, teargas shells and then live bullets if anyone violates the law.

Live bullets cannot be used if there are no riots or violation of the law, the court added.

The bench of Justice Mustafa Zaman Islam and Justice SM Masud Hossain Dolon made the observation while delivering an order on a petition that challenged the legality of keeping six coordinators of Anti-Discrimination Student Movement in the DB custody and the use of live rounds on demonstrators.

The bench, however, rejected the petition saying that it has become infructuous after the release of six coordinators of the movement.

The petition was filed by Supreme Court lawyers Aynunnahar Siddiqua and Manzur-Al-Matin on July 30.

The six coordinators were freed on Thursday.

Yesterday, the HC observed that "every citizen shall have the right to participate in peaceful procession, assembly and public meetings as per the directions of the constitution.

"The law enforcement agencies will place highest priority on the protection of human lives," the bench said.

The HC judges said law enforcers may use force only when necessary.

The bench said, "Freedom of peaceful assembly is to be enjoyed equally by everyone and the authorities must not discriminate against any individual or group or organisation."

"The authorities concerned must comply with the legal obligations and should be accountable for any failure to do so," the HC said.

"What will the police do when a general assembly or procession turns into an unlawful assembly?" the bench asked.

"Police will continue using respective articles of the constitution, penal code and procedural laws of our land in the enforcement of unlawful assemblies, riots, and other offences against public tranquility," it said, adding that in this situation, the police will follow the relevant articles of the constitution as well as domestic laws," it said.

Hence, in a democratic state, it is essential that the police should act within the four corners of the law and then respect of the constitutional right of the citizens, the HC added.