Adv. Shahanur Islam Saikot*
Introduction:
Abu Abbas Bhuiyan, student of Dhaka university and also Secretary of Mass Education affairs in Central Committe of Bangladesh student league was victimized in torture by the police official directing by the ruling party (then state minister for home affairs) due to his activities as a central leader of Bangladesh Student League as well as implicated false and fabricate cases. Discharging from the allegation that was bring up against him as well as got cure, he was filed case against the policeme /Perpetrators in Chief Metropalitan Magistrate Court, Dhaka that No. P- 1185 of 2008 on 05 March 2008 under section of 323/324/325/326/306506/109/34 of the Penal Code with the assistance of Bangladesh Institute of Human Rights (BIHR).
Biographic Information:
Victim Code : 2007.11.G
Victims Name : Abu Abbas Bhuiyan (29)
Father’s Name : Late Abdul Ahad Bhuiyan
Permanent Address : Nabinagar, Brammanbaria
At present : 506, Sir A F Rahman Hall, University of Dhaka
Occupation : Student of Masters (last year), Department of Political
Science, University of Dhaka
Political involvement : Secretary of Mass Education Affairs, Bangladesh StudentLeague, Central Executive Committee, Dhaka.
Torture History:
Perpetrators Name : i. Mahbubur Rahman, Officer In Charge, Ramna Police station
DMP, Dhaka
ii. Rezaul Karim, Sub Inspector, Ramna Police station, DMP,
Dhaka
iii. Naser Ali, Sub inspector, Ramna Police station, DMP, Dhaka
iv. Sergeant Anower Hossain, in charge, Nilkhet Police camp, DMP
Dhaka
v. Lutfuzzaman Babor, Former State Minister of Home
The people Republic of Bangladesh Government.
Date& Time of Incident : Since 28 February 2004 at around 12.00 pm to 03 March 2004
at around 2.00pm.
Place of Incident : Custody of Ramna Police Station
Methods of Torture : Slapping, Kicking with boot, Hanging with ceiling, Beating with
baton & hockey stick, Electric shocking, Threatening to kill by
crossfire as well as using filthy language etc.
Fact Details:
A gang of miscreants attacked Prof Humayun Azad in front of Bangla Academy when he was on his way back home on February 27, 2004 leaving him seriously injured. A procession protesting the attack on Azad was brought out by the general students of Dhaka university on the DU campus the next day on 28 February 2004. Mr. Abu Abbas Bhuiyan, Joint secretary of Bangladesh Student League of Sir. A.F. Rahman Hall of Dhaka University was one of the participants of that procession. While the procession was reached at in front of Central Shaid Minar, policemen attacked on the procession and arrested some of the student along with Mr. Abbas detained him in Ramna Police Station. The then OC of the police station Mahbubur Rahman, in consultation with Babar, decided to show Abbas arrested in the case filed for making an attempt on Prof Humayun Azad's life. But when Mr. Abbas denied his involvement as culprit, the officer in charge of Ramana Police station (That Time’s) starting to beat him along with other police officials. They Slapped, Kicked with boot, hang with ceiling, beat with baton & hockey stick, used electric shock, threatening to kill by crossfire and also used filthy language to him. They again and again pressured him to confess that he was one of the culprit who were attacked upon Mr. Abbas and he was committed that according to direction of the central leader of Bangladesh Student League. But when the police officials failed to confess him they increased the atrocity upon him. They covered his head with black cloth and hag him with ceiling. They beat him with baton and hockey stick. As a result of their tortured when he was senseless and bleeding was beginning with his nose and mouth they stopped their atrocity and lied down on the floor. In this time his two fingers of left hand were broken. Later on 29 February 2004 he was placed on a five-day remand by the learned Metropolitan Magistrate court, Dhaka without appearing him before the court and again tortured him brutally and inhumanely. During the remand, Mahbub along with other three policemen put pressure on Abbas to give confessional statement admitting that he had attacked Prof Azad. He was asked to spell out the names of several BCL leaders as the attackers. Failing to get confessional statement from Abbas, they tortured him inhumanely. The OC said that if he (Abbas) implicated the leader of Bangladesh student league with that offense, he (Abbas) would be released as state witness. But when he dinned commit their all conspiracy activity they increased intensity of torture and continuing it unsystematically in time to time. They also gave electric shock on his body. The OC and Rezaul also threatened him to kill in 'crossfire' if he denied doing so. As a result of their atrocity when his condition was being deteriorated, on 03 Marche2004 he was taken to the Dhaka Medical College Hospital. But unfortunately he was proceed to the learned Metropolitan Magistrate Court without giving treatment and the learned court send him to jail custody and the jail authority admitted him at jail Hospital and he was under jail hospital till14 March 2004. He has become permanently disabled due to inhumane torture by the accused policemen. According to direction of the then state minister of home affairs, the policemen tortured him inhumanely leaving him permanently disabled.
In the mean time, the general students of Dhaka University called Student Strike as well as procession, meetings demanding the release of Mr. Abbas. At last the learned Magistrate granted his bail on 14 March 2004 one the time of demonstration by the student. Then Mr. Abbas was admitted at Trauma Center of Dhanmondi, Dhaka and took treatment till 17 March 2004. Then he was admitted at Bangladesh Rehabilitation Centre for Trauma Victims (BRCT) for his better treatment and he is still under treatment of BRCT.
Intervention Done by BIHR
Legal Counseling provided to the victim followed by legal redress:
BRCT lawyer provided legal counseling for removing the victim’s legal related psychological problems as police & police station fear. The legal counselor attentively heard his legal related problem and clearly discussed about police administration as their jurisdiction as well as powers and duty. He also discussed on case & court procedure, constitutional provision, existing law and international conventional provisions, which are safeguard for every citizen from torture. The legal counselor also assists him to self-empowering as well as to remove her all kind of legal related psychological problems. He strongly assured him to give legal assistance as appointing lawyer to file case against the perpetrators. As a result he (victim) agreed to file case against the perpetrators
Case Filing Against the Perpetrators:
Case No. : P- 1185 of 2008
Complainant’s Name: Abu Abbas Bhuiyan
Name of the Court : Chief Metropolitan Magistrate Court, Dhaka
Court No. : 06
Magistrate’s Name : Md. Emran Hossain Chowdhury
Filing Date : 05 March 2008
Under Section : 323 (Punishment for voluntarily causing hurt)[1]
324 (Voluntary Causing hurt by dangerous weapon or means)[2]
325 (Punishment for voluntarily causing grievous hurt)[3]
326 (Voluntary Causing grievous hurt by dangerous weapons or means)[4]
506 Punishment for Criminal Intimation)[5]
500 (Punishment for defamation)[6]
109 (Punishment of abetment if the act abetted is committed in
consequence and where no express provision is made for its punishment)
of the penal code.
Accuseds Name : i. Mahbubur Rahman, Officer In Charge, Ramna Police station, DMP,
Dhaka
ii. Rezaul Karim, Sub Inspector, Ramna Police station, DMP, Dhaka
iii. Naser Ali, Sub inspector, Ramna Police station, DMP, Dhaka
iv. Sergeant Anower Hossain, in charge, Nilkhet Police camp, DMP, Dhaka
v. Lutfuzzaman Babor, Former State minister of Home, The people Republic
of Bangladesh Government
Name of the legal Councel:
i. Adv. shahanur Islam saikot
ii. Adv. Mohammed Alamgir
Order of the Court:
The learned magistrate pleased to order to investigate the case by the Deputy Commissioner of Detective Branch (DC-DB), Dhaka and also directed him to submit report before at 15 June 2008.
SUBSIQUENT ACTIVITY:
April 08, 2008:
The Investigation officer Abul Kalam Azad, inspector of Detective Branch of Police issued a notice to the complainant to appear his office along on 17.04.08 with other witnesses to give witness.
April 17, 2008
Taking witnesses have been completed on behalf of the complainant.
June 15, 2008
The investigation officer did not submit the report in court. The complainant appealed to the court to issue a notice to the IO to submit report as soon as possible and after hearing the appeal the learned Metropolitan Magistrate Ms. Maksuda Pervin order to submit report before 17 July 2008.
July 17, 2008:
The investigation officer submitted a fake and distorted report proving the allegation as false.
Latest Status:
The case is waiting for hearing to accept final report. BIHR is going to submit a Narazi appeal against the repot.
Obstacles Faced:
In the real and present situation of our country it is difficult to file and prove a case against the police. Because there has been faced many obstacles to start and prove the trial due to some provision of our existing law. The case that is continuing till now has been faced more obstacle to come this stage that we see given bellow:
Legal Harassment:
We see when we try to file the case before the court, always it deny to take it showing the mandatory section 132(Protection against prosecution for acts done under Chapter ix of Criminal Proceeding Code regarding unlawful assemblies)[9] & 197(Prosecution of judges and public servants)[10] (Power of government as to prosecution)[11] of the Criminal Procedure Code which stated the regarding to take pre-sanction from the gov’t to bring allegation against the government servant before the court. Lengthy and expensive court proceeding is also creating obstacle to get justice.
Problem during filing case:
We see the obstacle has been begun from the initial stage of filling case. When the victim tried to file allegation against the police to the concern police station, the responsible officer denied accepting it.
Convincing stage:
The police had tried to mediate the case and they started pressuring him when he did not agree and they also tried to give him bribe.
Witness intimidation:
There has been witness and plaintiff intimidation by both the police and influential political leaders. Taking illegal money from the perpetrators some times some of the lawyers are being influence and also perpetrators threat them and they refuse to deal in favour of victim. Beside this, it is very tough to collect evidence against policemen.
Out put of legal intervention:
By filing case against the police, the victim will be empowered and police will fell afraid to harass and torture any people in future. They will obey their duty according to the existing law and always they will try to conduct their activities in lawful ways. As a result torture will be reduced and we could make Bangladesh free from torture.
*Programme Manager-Legal & Human Rights Affairs at BRCT & BIHR
[1] Whoever, except in the case provided by section 334 (Voluntary Causes hurt on provocation) Whoever voluntary causes hurt on grave and sudden provocation, if he neither intends or nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation shall be punished with imprisonment of either description for a term which may extend to one month, or fine which may extend to five hundred Taka, or with both, Voluntary causes hurt, shall be punished with imprisonment of either description for a term, which may extend to one year, or with fine, which may extend to one thousand Taka or with both.
[2] Whoever, except in the case provided for by section 334 (Voluntary causing hurt on provocation) voluntary causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison of any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive in to the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may be extend to three years, or with fine, or with both
[3] Whoever, except in the case provided for by section 335 (Voluntary causing grievous hurt on provocation) Whoever voluntary causes grievous hurt on grave and sudden provocation, if he neither intends or nor knows himself to be likely to cause grievous hurt to any person other that the person who gave the provocation shall be punished with imprisonment of either description for a term which may extend to four years, or fine which may extend to two thousand Taka, or with both, voluntary causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine.
[4] Whoever, except in the case provided for by section 335 (Voluntary causing grievous hurt on provocation) voluntary causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive in to the blood, or by means of any animal, shall be punished with imprisonment for life or with imprisonment of either description for a term which may be extend to ten years, and shall also be liable to fine.
[5] Whoever, commits the offence of criminal intimidation shall be punish with imprisonment of either description for e term which may extended to two years, or with fine, or with both.
[6] Whoever defames another shall be punished with simple imprisonment for a term, which may extend to two years, or with fine or with both.
[7] Whoever abets any offence shall, if the act abetted is committed in consequence of abetment, and no express provision is made by this penal code for the punishment of such abetment, be punished with the punishment provided for the offence
[8] When a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as it were done by him alone.
[9] No prosecution against any person any act purporting to be done under regarding the unlawful assemblies of Criminal procedure code shall be instituted in any criminal court, except with the pre sanction of the government: and-
(a) no Magistrate or police –officer acting under this chapter in good faith ,
(b) no officer acting under section 131 in good faith,
(c) no person doing any act in good faith ,in compliance with a requisition under section 128 or 130 and
(d) no inferior officer, or soldier, or volunteer, doing any act in obedience to any order which he bound to obey,
shall be deemed to have thereby committed an offence:
Provided that no such prosecution shall be instituted in any criminal Court against any officer or soldier in Bangladesh Army/except with the sanction of the Government.
[10] When any person who is judge within the meaning of section 19 of the penal code, or when any magistrate, or when any public servant who is not removable from his office save by or with the sanction of the government, is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his duty, no court shall take cognizance of such offence except with the previous sanction of the government
[11] The Government may determine the person by whom, the manner in which, the offence or offences for which, the prosecution of such judge, magistrate or public servant is to be conducted, and may specify the court before the which the trial is to held.
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