Staff Reporter :
The High Court (HC) on Monday directed the Inspector General of Police (IGP) to take necessary steps so that police do not record any case or arrest anybody Under Section 16(2) of the Special Powers Act.
The Section 16 (2) of the Special Powers Act, 1974, which prohibited any prejudicial act, has been omitted in 1991, the HC said. “If any person does any prejudicial act, he shall be punishable with imprisonment for a term of which may extend to five years or with fine or with both,” the section had said.
The HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman passed the order during hearing a bail petition filed by Sajedul Alam Swadhin and Habibur Rahman Lalu, who were implicated in a case filed Under Section 16(2) of the Special Powers Act with Singair Police Station in Manikganj on May 23.
The judges granted anticipatory bail to the duo.
Md Yousuf Mahmud Morshed, Assistant Attorney General of the concerned court, said, the Section 16 of the Special Power Act was extinct in 1991. But the law enforcers are filing cases under this section.
“As there is no existence of this section of the law, it is illegal to sue under this section. So, the HC bench ordered the police chief as Suo Moto not to use Section 16 of the Special Powers Act, 1974,” Yousuf Mahmud Morshed also said.
“Many criminals have been able to get away from the allegation if a case filed under this section, as well as many people have to spend in jail without having committed the crime,” he said.
