Court Reporter :
The basic thing about a defamation case is a person-to-person case and police should not have any special interest for arresting and harassing the accused because no state interest is involved.
Defamation cases in Bangladesh are both criminal and civil. When damage is claimed it should be treated as civil defamation and not criminal requiring warrant to arrest. But this distinction is not observed by our courts.
Normally even when it is a criminal defamation at the initial stage summons is issued allowing the person to appear before the court. If he fails, only then warrant of arrest is obtained. The Press Commission Report also emphasised this aspect.
In Barrister Mainul’s cases huge damage has been claimed but yet arrest warrants were issued without allowing him an opportunity to surrender before the court on his own. He did not commit any offence against the state for police to be so duty-bound to arrest him.
Plain clothed police surrounded Supreme Court premises yesterday for arresting Barrister Mainul Hosein who was conducting a case before the Appellate Division. He was informed of the situation and his lawyer friends became busy to move bail petitions for anticipatory bail. Their Lordships were pleased to release him on bail.
The abuse of state power should be a concern of all public servants. A defamation case has no connection with the state and use of police power is not easily called for. When we learn to be civilised for running the country respecting one’s fundamental rights and basic liberty for all of us to consider? The free people are not free if they are not free of abuse of state power.
