MORE than three decades ago, Section 16(2) was dropped from the Special Powers Act, 1974. But strangely, police filed a case under the section and even arrested two accused in Manikganj’s Singair on last May. The two still remain in jail. The High Court the day before expressed dissatisfaction over filing of the case under the non-existent section. But we are compelled to ask how were the arrests executed and who are the ones to have abused the abolished section.
The point, however, it appears our law enforcers are not aware about the non-existent acts in the country, and especially about an act which was abolished nearly 30 years ago.
On May 23, the two accused – Salauddin and Bashir – were arrested in Singair on charges of holding a ‘secret meeting’ at Salauddin’s home at Charuigram village and planning ‘subversive activities for the release of arrested BNP Chief Khaleda Zia.’ However, the case was filed the next day against 21 people, including the four, with Singair Police Station under Section 16(2) of the Special Powers Act, said the officer-in-charge of the police station. When asked, he said he was not aware whether the section still existed or not. He further added by saying, cases are filed with other police stations under the section. If we take his statement to be correct, the abuse of the defunct law is abused in other places too. Nevertheless, we feel – if a citizen is arrested or harassed under the scrapped law that very action becomes an offence. Whoever has resorted to it must be prosecuted.
The Assistant Attorney General reportedly said the section had been incorporated in the act with a provision for five years’ imprisonment and fines for committing “prejudicial acts”. In 1991, the then government scrapped the section while bringing amendment to the law. However, cases continued to be filed and suspects arrested under the section. That said – a number of Supreme Court lawyers said the section was dropped from the act as other laws already had provisions to deal with the relevant offences. But there is no explanation as to how the law that does not exist could be used for arresting people.
