HC ignored, Shahriar detained again

Ignoring a High Court order, the government yesterday put writer-journalist Shahriar Kabir under detention for another 90 days. As per the High Court order, Shahriar was supposed to be released yesterday. But the government handed him over a fresh 90 days detention order.

Meanwhile, the High Court yesterday ordered the government to release teacher-columnist Muntasir Mamun within 24 hours. The court declared his detention illegal.

The High Court had given a similar order for Shahriar on Saturday. But the home ministry, in an order dated December 29, said that the authorities were satisfied in giving Shahriar Kabir 90 days detention from January 10 under the Special Powers Act, to prevent him from conducting 'harmful activities'.

Shahriar's previous detention order expires on January 10. But since the High Court has declared that order illegal, the new order should also be considered illegal. According to lawyer Amir-ul-Islam, as the fresh detention order was a continuation of the previous one, it would not be effective.

On the other hand, home ministry officials themselves did not appear to be sure why the ministry-- being fully aware of the High Court order-- issued the fresh (backdated) detention order. They said that the order was actually issued yesterday.

Talking to the Daily Star, Barrister Amir-ul-Islam said last night, "The behaviour of the government clearly goes against the rule of law and human rights. Furthermore, it is ignoring and violating the High Court order."

A High Court Division bench of Justice Hamidul Haq and Justice Salma Masud Chowdhury yesterday asked the government to free Muntasir Mamun within 24 hours.

The government lawyers failed to satisfy the court as to why Muntasir was detained.

Shahriar and Muntasir were arrested on December 8 under Section 54 and were placed on police remand. Later, they were sent to jail under a month's detention order. Shahriar has been implicated in a sedition case. However, both of them obtained bail from the High Court.

Shahriar is now in Chittagong jail and Muntasir in Dinajpur jail. They have not been released, as the jailers concerned have not received the court orders so far, sources said.

Eminent lawyer and politician Dr. Kamal Hossain told BBC last night, that the way the government was using the SPA violated the constitution. He also raised questions about the legality of the SPA.

Law Minister Moudud Ahmed, however, has said that since there is a law, it would be enforced. "It is now being applied for special reasons," he said-- adding that the government was considering repealing the law, without specifying when it would do so.