Gulam Rabbani :
The High Court in a full text of an order observed that one should not be called guilty before any appropriate court of law of the land gives conviction.
The court said, “It is a settled proposition of law that citizen rights cannot be hampered without application the relevant laws. Similarly, every citizen should be respectful to the law of the land. One should not be convicted through any unusual course like trolling on personal life and liberty of citizens by any means before coming any verdict from any appropriate court of law of the land.”
The High Court Bench of Justice Mustafa Zaman Islam and Justice KM Zahid Sarwar passed the observation after holding hearing on a criminal revision petition filed by actress Shamsunnahar Smriti, popularly known by her screen name Pori Moni.
The verbal order was passed on September 2 this year and the full text was released on Tuesday.
In the full text the High Court observed, “Crime is not sole problem only for the police. Rather it is a community problem. The police department must have to believe that human life is a very precious one. A police officer has to think first about the legal and basic issues before taking into remand of an accused. The society vests in the highest level of trust upon the police department.” The court also said in the Pori Moni’s case it was seemed that the investigation officer, in some extends, disregarded the guidelines of our apex court as well as the laws resulting in the obstacle of the smooth functioning of the criminal justice system.
It transpires from record that the manner of arrest to the accused (Pori Moni) by the law enforcing agency is contrary to the guidelines as sets by our apex court, also observed the High Court.
“Law has to be regarded as the foundation of a civilized society. Suffice it to say that the Article 35(5) of our constitution contemplates that no person shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment,” also stated the full text.
The High Court by the order asked Devobrata Biswas and Atikul Islam, Metropolitan Magistrates in Dhaka, to explain the reasons what facts and circumstances prompted them to grant second and third phase remand against the accused petitioner.
Thereafter, if the explanation and clarification found not satisfactory the concerned metropolitan magistrates should appear in person before this court for further clarification, the court also observed.
The High Court also summoned the investigating officer Golam Mostafa, also an Inspector of the Criminal Investigation Department, to appear in person on September 15 with the case docket and to explain his position.
On August 4 this year, members of the Rapid Action Battalion (RAB) detained Pori Moni after a raid in her house. RAB also seized a huge quantity of narcotics from her residence. Later RAB filed a case against her under the Narcotics Control Act.
The metropolitan magistrates sent her on remand for three consecutive times. Challenging the repeated remand Pori Moni’s lawyer filed a revision petition with the High Court.
Advocate ZI Khan Panna, Advocate Md Mozibur Rahman, Advocate Syeda Nasrin and others appeared in the court on behalf of Pori Moni, while Deputy Attorney General Abu Yahia Dulal represented the state.
