Staff Reporter :
The High Court on Thursday Summoned the records of a case filed with the Narayanganj Sadar Police Station after abduction of a teenage girl who was said to have been murdered, but rescued alive on August 24 51 days after she went missing from Bandar upazila.
The court at the same time summoned the two investigation officers of the case. The primary investigation officer of the case, Sub-Inspector Shamim Al Mamun, has been asked to appear in the court on September 17 with written explanation over the issue.
And the second investigation officer of the case, Inspector (Operation) Abdul Hye, who got the charge after the withdrawal of Shamim Al Mamun, has been asked to appear in the High Court with all the case records.
The High Court bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman passed the order after hearing on a petition filed by five Supreme Court lawyers recently. Advocate Mohammad Shishir Manir took part in the hearing on behalf of the petitioner lawyers, while Deputy Attorney General Sarwar Hossain Bappy represented the state.
Shishir Manir later said that the High Court summoned the two investigation officers of the case and asked the Chief Judicial Magistrate of Narayanganj to send the case documents to the High Court.
An application was placed with the High Court on August 25 seeking its interference over the incident of the teenage girl. The application has questioned the accuracy, legitimacy and rationality of the abduction case that was filed by her father with the Narayanganj Model Police Station after the disappearance of the girl. It also questioned the legality of the confessional statements of the three accused arrested in the case after the case has been filed.
The petitioners have sought High Court’s direction for calling the case records.
Five Supreme Court lawyers, Md Asad Uddin, Md Jobayedur Rahman, Md Ashraful Islam, Md Al Reza Amir and Md Misbah Uddin filed the petition.
The lawyers sought High Court’s interference in the incident under Section 435 and 439 of the Code of Criminal Procedure (CrPC).
As per the Section 435 of the CrPC, the High Court Division may call for to examine the record of any proceeding before any inferior Criminal Court situate within the local limits of its or his jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of such inferior Court.
Lawyer Shishir Manir said that their application is an exceptional one because the step that has been initiated by them in the wake of the incident is not in line with the norms. But the High Court has the jurisdiction to exercise its power in some exceptional cases, added the lawyer.
Deputy Commissioner, Chief Judicial Magistrate and Police Commissioner of Narayanganj, Officer in Charge of Sadar Police Station, Investigation Officer of the Case, complainant and accused of the case have been made respondents in the application.
Three accused arrested in the case gave confessional statements on August 9 under Section 164 in separate courts in Narayanganj senior. In their confessional statements, the accused said that they had killed the minor girl after raping her and dumped her body in the Sitalakhya River.
The three accused are in jail now. But 51 days after the abduction, the girl was rescued alive. The teenager is now married and has a family.
Published reports quoting the police officials said that the underage girl had been missing since July 4. Later on August 6, her father filed a case with Narayanganj Sadar Police Station as they failed to find out her.
Following the call list of the missing girl’s mother cell phone, police later arrested three persons, Md Abdullah, 22, Md Rakib, 19, and Khalilur Rahman, 36.
On August 9, the accused testified under Section 164 in separate courts in Narayanganj when they said that they had killed the minor after raping her and dumped her body in the Sitalakhya River.
