[RE: AHRC-UAC-075-2011: BANGLADESH: Rapid Action Battalion shoots innocent college student, causing permanent disability, and now threatens sympathizers with extra-judicial killing
Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding repeated attempts by the state machinery to brand a college student named Limon Hossain as a criminal, after he was shot point-blank and maimed in his left leg by officers of the Rapid Action Battalion (RAB). Following the brutal injury, due to which Limon Hossain’s left leg had to be amputated, two criminal cases have been fabricated against Limon Hossain to brand him a criminal (for further details, please see our original Urgent Appeal: AHRC-UAC-075-2011). According to the latest information, an ‘informer’ of RAB physically attacked Limon and his mother unwarrantedly. This informer then also later went on to fabricate a murder case, when the deceased reportedly died of ‘heart failure’. This case has been taken under the cognizance of a judicial magistrate in violation of the criminal procedural law of the country. Please ask the authorities of Bangladesh to set-up a judicial probe commission headed by a Supreme Court judge, and comprising members of civil society organizations, so that RAB and police can be held accountable and the alleged perpetrators can be prosecuted fairly.
BACKGROUND INFORMATION:
In an earlier Urgent Appeal, the Asian Human Rights Commission (AHRC) revealed how the Rapid Action Battalion (RAB) of Bangladesh shot Limon Hossain, a college student from a poor rural family. The shooting resulted in permanent disability to Mr. Hossain; in March 2011 his left leg, from the knee down, had to be amputated. After shooting him into disability, the RAB fabricated two criminal cases against Mr. Hossain (for further details, please see: AHRC-UAC-075-2011). On 10 April, 2011, Limon Hossain’s mother, Ms. Henoara Begum, lodged a complaint against seven alleged perpetrators of RAB-8 for shooting and maiming her son. Initially, the police refused to register her complaint. Only after tremendous pressure by media, rights groups, and civil society organizations did police register the complaint after two weeks.
UPDATED INFORMATION:
Now, the AHRC has confirmed further shocking news. Limon and his family have been physically attacked by goons linked to the Rapid Action Battalion, which has, so far, left no stone unturned to brand the maimed Limon Hossain and his family as a criminals, in order to impose special punishment for them resisting the criminal activity and corresponding impunity enjoyed by a rabid and rogue agency of the state.
On 20 August 2012, days after the police investigation report dropped charges against RAB personnel, a group of people led by one Mr. Ibrahim Hawlader, known to be an ‘informer’ of RAB, and a prosecution witness in the fabricated case filed by the RAB officer against Limon Hossain last year, physically attacked Limon Hossain, his mother, and his relatives. This attack occurred while the family was waiting at a bus stop near their village, which falls under the jurisdiction of the Rajapur police station in Jhalkathi district of Bangladesh. The attack injured Limon Hossain’s ear and head, which required treatment at a local hospital. As for his mother – Ms. Begum received injuries to her eyes and to her head, and was hospitalized for treatment since the attack. Eye-witnesses claim that Limon Hossain, along with his mother and aunts, was waiting for transport at Idurbari Bridge after meeting relatives at his home at Saturia village on the occasion of Eid-ul Fitr. In the afternoon, at around 4:15 pm, RAB informer Ibrahim abused Limon Hossain and his mother. As Limon Hossain protested, Ibrahim beat him up. When Limon Hossain’s mother Henoara moved to aid her son, Ibrahim beat her too. Both Limon Hossain and his mother received injuries, for which they had to undergo treatment at Razapur Upazilla Health Complex hospital, where Henoara remained admitted until 23 August. Her vision has become blurred.
CHRONOLOGY OF EVENTS:
Updated information reveals the following legal proceedings that have emanated from the attack on Limon Hossain by RAB officers:
The police investigator has brought charges against Limon Hossain in two fabricated cases filed by the Deputy Assistant Director (DAD) of RAB-8, Mr. Lutfor Rahman. In the case of illegal possession of arms, the police report, prepared by police Sub Inspector Ariful Islam, charged Limon Hossain on 27 April 2011, i.e. within just one month from the date the complaint was registered. The police submitted their investigation in two parts. In the Police Report (called as Charge-Sheet, when charges are brought against the alleged accused) numbered 45-A, seven persons, who are termed ‘terrorists’ by the RAB officer in the complaint, have been charged for possessing illegal arms under Section 19 (A) of the Arms Act, 1878. In a separate part of the Police Report (Charge Sheet), numbered 45-KA, the police have brought charges only against Limon Hossain, who has been identified as a ‘juvenile’, 16 years of age. This contradicts the RAB version, which has falsely claimed Limon Hossain to be a 25 year old man. The police recommended that Limon Hossain be tried in a Juvenile Tribunal, as per law. The Special Tribunal-2 of Jhalkathi district is supposed to frame charges against Limon. In the second fabricated case, that of obstructing law-enforcing agents in discharging their ‘duty’, the investigation report has been submitted by the same police officer, Sub Inspector Ariful Islam, on 1 July 2012, despite sharp criticism against the falsehood practiced by the state agents. The police officer submitted two separate parts of the investigation report for charging Limon Hossain as a 16-year-old ‘juvenile’, and the other seven accused in another part. The police report appears identical to the allegations of the RAB in their fabricated complaint. The Court of Senior Judicial Magistrate of Jhalkathi, Ms. Nusrat Jahan, is supposed to hear the case on 26 September 2012, following the police investigation report.
The police dropped all charges against the officers of the RAB-8 in relation to the complaint filed by Limon Hossain’s mother Ms. Henoara Begum on 10 April, 2011. The police registered Henoara’s complaint after two weeks – on 24 April 2011, following tremendous criticism and pressure from human rights groups and civil society organizations of the country. In the investigation report, submitted to the Jhalkathi Court on 14 August 2012, the police investigation officer, Sub Inspector Mr. Abdul Halim Talukder, has claimed that the allegations against the RAB personnel cannot be substantiated due to lack of evidence and witnesses.
The Rajapur police submitted all the investigation reports to the local court in Jhalkathi district, maintaining secrecy. Responding to questions from journalists, the Superintendent of Police of Jhalkathi district stated that “[t]he investigation officer concluded in the report on the basis of the investigation; the opinion of public prosecutor was also taken prior to the preparation of the report.” On 30 August, Henoara Begum submitted a ‘no-confidence’ petition to the Chief Judicial Magistrate’s Court of Jhalkathi objecting the content of the police investigation report, which dropped all charges against the officers of the RAB for shooting her son to permanent disability. Senior Judicial Magistrate Ms. Nusrat Jahan ordered that she will hear the petition on 17 October 2012.
On 20 August 2012, not long after the police investigation report dropped the charge against the RAB personnel, a group of people led by one Mr. Ibrahim Hawlader, known to be an ‘informer’ of RAB, and a prosecution witness in the fabricated case filed by the RAB officer against Limon Hossain last year, physically attacked Limon Hossain, his mother, and other relatives, while the family was waiting at a bus stop near their village.
After beating-up Limon Hossain and his mother, Ibrahim tore his own shirt and scratched his own body and got himself admitted to the hospital to falsely shift the burden on the victims for the attack. Meanwhile, Ibrahim’s brother-in-law, Forkan Hawladar, who was staying at his home at a village around one kilometer away, was informed about Ibrahim’s actions, for which he started running toward the scene where Ibrahim was beating Limon and his family. On the way, Forkan felt sick and fell to the ground, while he was around half a kilometer away from the scene. Forkan was taken to a house of his relatives nearby, where he died. According to eye witnesses, his death is believed to be due to a heart attack. The Rajapur police, recovered Forkan’s dead body, immediately after receiving information about his death, arranged the executive officer of the Upazilla (sub-district) Mr. Abul Bashar Mohammad Amiruddin to conduct an Inquest Report. The Inquest Report asserts that no injury was visible on the dead body, and later, an Unnatural Death case was registered and the body was sent to the Jhalkathi Sadar Hospital for autopsy.
On 22 August, Limon’s mother wished to register a complaint regarding the attack on her person and her son by Ibrahim, but, the Rajapur police recorded her petition as a General Diary Entry instead of a First Information Report (FIR).
On 23 August, Ibrahim registered a complaint (Case No. 128/12) of murder with the Judicial Magistrate’s Court of Jhalkathi regarding the death of his deceased brother-in-law, Forkan Hawladar. Limon Hossain, his mother Henoara Begum, father Tofazzel Hossain Akand, three other relatives of his family, an elected public representative of the local governmental unit, and few suspected criminals were named as accused in the complaint. Senior Judicial Magistrate Ms. Nusrat Jahan ordered the Rajapur police to ‘record the complaint as a First Information Report (FIR)’. The police reportedly followed the order of the Court and inquired into the allegation. It should be noted that Forkan’s sister Nilufar Begum stated to journalists and human rights defenders that her brother died in ‘heart failure’ at a house far from the scene where Ibrahim had seen Limon Hossain and his family.
On 27 August 2012, the police submitted an investigation report to the Court regarding the fabricated murder case, which Ibrahim had filed against Limon Hossain and his relatives. The police investigation report rejected Ibrahim’s complaint and indicted Ibrahim for registering a false case. This upheld the truth for the first time in the whole story related to Limon’s tragedy, and confirmed what the public had been protesting about. The court summoned Ibrahim Hawladar on the following day asking him to appear before the Court by 26 September 2012.
Meanwhile, the Rapid Action Battalion denied having any formal relationship with Ibrahim Hawladar as the force’s ‘source.’ The Parliamentary Standing Committee on the Ministry of Home Affairs claimed on 28 August that the RAB and the police ‘are not involved in registering murder case against Limon’ in a media briefing, in the presence of the Director General of RAB, and high-ranking officials of the Bangladesh Police.
Limon Hossain and his relatives are very scared about their safety and personal liberty due to the continuing extra-legal harassment by state agents, particularly the Rapid Action Battalion, the police, and their informers in the country, wherever the victims’ family move to for their livelihood.
ADDITIONAL COMMENTS:
By dropping all charges against the officers of the Rapid Action Battalion, police investigators have closed the window for Limon Hossain to get justice from the country’s maimed criminal justice system, something overwhelmingly apparent in the actions of the judiciary in last 17 months. One example is the latest order passed by Senior Judicial Magistrate Ms. Nusrat Jahan, which is oblivious to provisions of the criminal procedural law of Bangladesh.
According to Section 205D of the Code of Criminal Procedure-1898, the Magistrate shall stay the proceedings while an investigation by the police in relation to the same offence is in process. The provision reads:
“Procedure to be followed when there is a complaint case and police investigation in respect of the same offence: 205D.(1) When in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject-matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police-officer conducting the investigation.
(2) If a report is made by the investigating police-officer under section 173 and on such report cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report.
(3) If the police report does not relate to any accused in the complaint case or if the Magistrate does not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with the provisions of this Code.”
The order was passed by Magistrate Nusrat Jahan regarding Ibrahim’s complaint against Limon Hossain and his relatives while another police investigation was already in progress regarding the death of Forkan Hawladar. An aggrieved person may also suspect that the Rapid Action Battalion insisted the Magistrate to pass such an order to multiply the ongoing harassments on Limon Hossain, who has been nationally recognized as an innocent college student on the basis of factual information, while the rabid law-enforcement agency has invested everything to brand him a criminal.
The RAB officer included Ibrahim Hawladar in the list of prosecution witnesses, something justified by the police in their investigation, and this despite the fact that every eye-witness refused the version of the law-enforcement agents regarding the original attack on Limon. Now, when public criticism has reached its height, the RAB has begun claiming that Ibrahim Hawladar is not their ‘source’ or ‘informer.’ In fact, at the time when Ibrahim himself attacked Limon Hossain and his family, Ibrahim himself openly claimed to be RAB’s man! The entire neighborhood knows Ibrahim to be RAB’s informant. If the RAB has ‘disowned’ Ibrahim, why are they not taking any action against Ibrahim for claiming to be an RAB source?
This is, however, but one of the litany of unanswered questions surrounding this case. Neither has the government – specifically the Ministry of Home Affairs – nor has the RAB or the police, even cared to answer people’s questions for the past 17 months, i.e. since Limon Hossain was first shot at.
Endorsing the statements of the RAB and the police, the Parliamentary Standing Committee on the Ministry of Home Affairs have reiterated impunity for lawless actions of the RAB as part of the country’s entrenched political and administrative culture. The authorities of Bangladesh must end impunity to its law-enforcing agents, who act like ‘criminal-makers’ in the country, running vicious businesses.
SUGGESTED ACTION:
Please urge the Government of Bangladesh to form an independent judicial probe in the form of a commission, headed by a competent judge of the Supreme Court, enabling it to investigate the whole matter thoroughly, right from when the RAB shot and maimed Limon Hossain. The murder charge against Limon Hossain and his relatives must be dropped immediately. The government should remove the judicial officers, including Senior Judicial Magistrate Nusrat Jahan and others, who are incapable of administering justice to the litigants due to their incapacity in terms of non-judicial mindsets. The perpetrators of the Rapid Action Battalion and the police, who have been orchestrating all the charges, harassments, and attacks, and who are responsible for maiming Limon Hossain, should be prosecuted in a public trial. Limon Hossain and his family must be compensated adequately and afforded protection without any further harassment by state or non-state agents of Bangladesh.
The AHRC is writing a separate letter to the UN Special Rapporteurs on Torture and Other Cruel, Inhuman or Degrading Punishment or Treatment and Independence of Judges and Lawyers calling for intervention into this matter.
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SAMPLE LETTER
Dear ___________,
BANGLADESH: Magistrate violates law, while the government's goons attempt to brand college student as a criminal after the Rapid Action Battalion took his leg away
Name of original victim: Md. Limon Hossain, aged 16 years, son of Mr. Tofazzel Hossain and Mrs. Henoara Begum, living in Saturia village, under the jurisdiction of the Rajapur police station of Jhalkathi district
Names of victims of latest incident:
1. Ms. Henoara Begum
2. Mr. Tofazzel Hossain
3. Around six more persons
Alleged perpetrators of the original incident:
1. Md. Lutfor Rahman, Deputy Assistant Director (DAD) ID No. 5926
2. Md. Hasan Habib, Sub Inspector (SI)
3. Md. Harun-ur-Rashid, Police Constable (PC) ID No. 30264
4. Md. Jahangir Hossain, Assistant Sub Inspector (ASI) ID No. 5515
5. Mr. Tarek Aziz, ASI ID No. 378
6. Mr. Muktadir Hossain, Nayek ID No. 63165
7. Md. Tanzir Ahmed, AB 2006475
8. Mr. Prohlad Chandra, Nayek ID No. 546
9. Mr. Anis Mollah, Sipahi ID No. 30711
10. Mr. Kartik Kumar Bisaws, Soldier ID No. 1812201
11. Mr. Md. Mazharul Islam, Corporal ID No. 46660
12. Mr. Md. Abdul Aziz, Constable ID No. 4590
13. Mr. Kartik Kumar Biswash
All the above alleged perpetrators were attached to Crime Prevention Company (CPC) 01 of the Rapid Action Battalion (RAB)-8 based in Barisal district at the time of the original incident
Alleged perpetrators of the latest incident:
1. Mr. Ibrahim Hawladar, resident of Saturia village, known to be an 'informer' of the RAB in Jhalkathi district
2. Ms. Nusrat Jahan, Senior Judicial Magistrate, attached to the Chief Judicial Magistrate's Court, Jhalkathi district
Date of the latest incident: 20-23 August 2012
Place of the latest incident: Street near Idurbari Bridge under the jurisdiction of Rajapur police station, and the Chief Judicial Magistrate's Court of Jhalkathi district
I am writing to voice my deep concern regarding fabricating a third criminal charge against college student Limon Hossain, who was maimed by the Rapid Action Battalion in March 2011 and was charged in two fabricated cases for illegal arms possession and obstructing law-enforcement agents in discharging their duties.
I have learned from the Asian Human Rights Commission (AHRC) that Limon and his family have been physical attacked by goons of the Rapid Action Battalion, which has been investing all out efforts to criminalise the maimed youth and his family for fighting back against the rabid agencies of the state that enjoy blatant impunity in the country.
In the original Urgent Appeal the AHRC revealed that the Rapid Action Battalion (RAB) shot Limon Hossain, a college student from a poor rural family, causing permanent disability resulting in amputation of his left leg from the knee downward in March 2011. The RAB also fabricated two criminal cases against Limon after shooting him to disability (For further details, please see: AHRC-UAC-075-2011). Limon's mother Ms. Henoara Begum lodged a complaint against seven alleged perpetrators of the RAB-8 on 10 April 2011 for maiming her son. The police initially refused to register the complaint, which was recorded on 24 April 2011 following tremendous pressure created by the country's media, rights groups, and civil society organizations.
According to updated information, the police investigator brought charge against Limon Hossain in the two fabricated cases filed by the Deputy Assistant Director (DAD) of RAB-8 Mr. Lutfor Rahman.
In the case of illegal possession of arms the police report, prepared by police Sub Inspector Ariful Islam, charged Limon on 27 April 2011, within one month of the complain being registered. The police submitted their investigation in two parts. In the Police Report (known as Charge Sheet, when charges are brought against the alleged accused) number 45-A, seven persons, who are termed 'terrorists' by the RAB officer in the complaint, have been charged with possessing illegal arms under Section 19 (A) of the Arms Act of 1878.
In a separate part of Police Report (Charge Sheet), numbered 45-KA, the police brought charges only against Limon Hossain, who has been identified as a 'juvenile' of 16 years of age. This contradicts the version of the RAB, which has falsely claimed that Limon is a 25-year old man. The police recommended trying Limon in a Juvenile Tribunal as per the laws of the country. The police, in fact, justified the fabricated allegations of the RAB in the investigation report by-passing the truth. The Special Tribunal-2 of Jhalkathi district is supposed to frame charges against Limon.
In the case of obstructing the law-enforcing agents in discharging their 'duty' the investigation report was submitted by the same police officer – Sub Inspector Ariful Islam – on 1 July 2012, despite huge criticisms against the falsehood practiced by the state agents. The police officer submitted two separate parts of the investigation report, one charging Limon as a 16-year-old 'juvenile', and the other accusing seven individuals. The police report appears identical to the allegations of the RAB in their fabricated complaint. The Court of Senior Judicial Magistrate of Jhalkathi, Ms. Nusrat Jahan, is supposed to hear the case on 26 September 2012 following the police investigation report.
On the other hand, the police has dropped all charges against the officers of the RAB-8 in a complaint filed by Limon's mother Ms. Henoara Begum on 10 April 2011. The police registered Henoara's complaint after two weeks – on 24 April 2011 – following tremendous criticism and pressure from human rights groups and civil society organizations in Bangladesh. In the investigation report, as submitted to the Jhalkathi court on 14 August 2012, the police investigation officer Sub Inspector Mr. Abdul Halim Talukder claims, that the allegations against the RAB personnel were not substantiated due to lack of evidence and witnesses.
The Rajapur police submitted all the investigation reports to the local court in Jhalkathi district, maintaining secrecy. Responding to questions from journalists the Superintendent of Police of Jhalkathi district stated that "[t]he investigation officer concluded in the report on the basis of the investigation; the opinion of public prosecutor was also taken prior to the preparation of the report".
On 20 August 2012, days after the police investigation report dropped the charge against the RAB personnel a group of people led by one Mr. Ibrahim Hawlader, known to be an 'informer' of RAB and a prosecution witness in the fabricated case filed by the RAB officer against Limon last year, physically attacked Limon Hossain, his mother and other relatives, while the family was waiting for a vehicle at a bus stop near their village, which falls under the jurisdiction of the Rajapur police station in Jhalkathi district. Limon Hossain suffered injuries on his ear and head had to go to a local hospital for first aid while his mother, who received injuries in her eyes and head, has been hospitalized for treatment since the attack. Eye-witnesses claim that Limon Hossain, along with his mother and aunts, was waiting for transport at Idurbari Bridge after meeting his relatives at his home at Saturia village on the occasion of Eid-ul Fitr. In the afternoon, at around 4:15 pm, RAB informer Ibrahim abused Limon Hossain and his mother. As Limon Hossain protested, he was beaten-up by Ibrahim. When Limon's mother Henoara Begum rushed to her son's aide, Ibrahim beat her too. Both Limon and his mother received injuries for which had to receive treatment at Razapur Upazilla Health Complex hospital, where Henoara remained admitted until 23 August. Heneoara Begum's vision seems to be blurred due to the attack on her eyes.
After beating Limon and Henoara Ibrahim tore his own shirt and scratched his body and got himself admitted to the hospital to falsely shift the burden on the victims. Meanwhile, Ibrahim's brother-in-law Forkan Hawladar, who was staying at his home at a village around one kilometer, was informed about Ibrahim's actions for which he started running toward the scene where Ibrahim was beating Limon and his family. On the way Forkan fell sick and fell on the ground while he was around half a kilometer away from the scene where Ibrahim had attacked on Limon's family. Forkan was taken to a nearby house of his relatives where he died. His death is believed to be due to a heart attack, according to eye-witnesses. The Rajapur police, recovered Forkan's dead body immediately after receiving the information about his death, arranged the executive officer of the Upazilla (sub-district) Mr. Abul Bashar Mohammad Amiruddin to conduct an Inquest Report, which asserts that no injury was visible on the dead body, and later, registered an Unnatural Death case and sent the body to the Jhalkathi Sadar Hospital for autopsy.
On 22 August, Limon Hossain's mother wished to register a complaint regarding the attack on her and her son by Ibrahim, but, the Rajapur police recorded her petition as a General Diary instead of a First Information Report (FIR).
On 23 August, Ibrahim registered a complaint (Case No. 128/12) of murder with the Judicial Magistrate's Court of Jhalkathi, regarding the death of his deceased brother-in-law Forkan Hawladar. Limon Hossain, his mother Henoara Begum, father Tofazzel Hossain Akand, three other relatives of his family, an elected public representative of the local governmental unit, and a few suspected criminals were named as accused in the complaint. Senior Judicial Magistrate Ms. Nusrat Jahan ordered the Rajapur police to 'record the complaint as a First Information Report (FIR)'. The police reportedly followed the order of the Court and inquired into the allegation. It should be noted that Forkan's sister Nilufar Begum stated to the journalists and human rights defenders that her brother died in 'heart failure' at a house far from the scene where Ibrahim had seen Limon and his family.
On 27 August 2012, the police submitted an investigation report to the Court regarding the fabricated murder case, which Ibrahim had filed against Limon Hossain and his relatives. The police investigation report rejected Ibrahim's complaint and indicted Ibrahim for registering a false case. This upheld the truth for the first time in the whole story related to Limon's tragedy, and confirmed what the public had been protesting about.
The RAB officer included Ibrahim Hawladar in the list of prosecution witnesses, something justified by the police in their investigation, and this despite the fact that every eye-witness refused the version of the law-enforcement agents regarding the original attack on Limon. Now, when public criticism has reached its height, the RAB has begun claiming that Ibrahim Hawladar is not their 'source' or 'informer.' In fact, at the time when Ibrahim himself attacked Limon Hossain and his family, Ibrahim himself openly claimed to be RAB's man! The entire neighborhood knows Ibrahim to be RAB's informant. If the RAB has 'disowned' Ibrahim, why are they not taking any action against Ibrahim for claiming to be an RAB source?
A Parliamentary Standing Committee on the Ministry of Home Affairs claimed on 28 August that the RAB and the police 'are not involved in registering murder case against Limon' in a media briefing, in presence of the Director General of RAB and high-ranking officials of the Bangladesh Police. This is, however, but one of the litany of unanswered questions surrounding this case. Neither has the government – specifically the Ministry of Home Affairs – nor has the RAB or the police, even cared to answer people's questions for the past 17 months, i.e. since Limon Hossain was first shot at.
I am aware that Limon Hossain and his relatives are very scared about their safety and personal liberty due to the continued extra-legal harassments by state agents, particularly the Rapid Action Battalion, the police, and their informers in the country, wherever the victims' family move for their livelihood.
I can clearly understand that by dropping all charges against the officers of the Rapid Action Battalion, the police investigators have closed the window for Limon Hossain to get justice from the country's maimed criminal justice system, which appears through the actions of the judiciary in the last 17 months. One glaring example is the latest order passed by Senior Judicial Magistrate Ms. Nusrat Jahan, who appears to be ignorant about the concerned provision of the criminal procedural law of Bangladesh in administering justice.
I have reasonable grounds to question about the capability of this Senior Judicial Magistrate. According to Section 205D of the Code of Criminal Procedure-1898, the Magistrate shall stay proceedings while an investigation by the police in relation to the same offence is in process. The provision reads:
"Procedure to be followed when there is a complaint case and police investigation in respect of the same offence: 205D.(1) When in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject-matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police-officer conducting the investigation.
(2) If a report is made by the investigating police-officer under section 173 and on such report cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report.
(3) If the police report does not relate to any accused in the complaint case or if the Magistrate does not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with the provisions of this Code."
The order passed by Magistrate Nusrat Jahan regarding Ibrahim's complaint against Limon Hossain and his relatives while another police investigation was already in progress regarding the death of Forkan Hawladar is at best a gross neglect of the country's legal procedures. An aggrieved person may also suspect that the Rapid Action Battalion insisted the Magistrate to pass such an order to multiply the ongoing harassments on Limon Hossain, who has been nationally recognized as an innocent college student on the basis of factual information, while the rabid law-enforcement agency has invested its utmost efforts to criminalise him repeatedly. That's why I want to ask whether Senior Judicial Magistrate Nusrat Jahan possesses judicial mindset while sitting in a Magistrate Court?
By endorsing statements of the RAB and the police, denying Ibrahim's nexus with RAB as its 'source', the Parliamentary Standing Committee on the Ministry of Home Affairs have reiterated and reinforced impunity for the lawless actions of the RAB, as part of the country's entrenched political and administrative culture. I want to ask why the authorities have allowed Ibrahim Hawladar to continue claiming an identity as "RAB's source" unabashedly for so many months, if Ibrahim and RAB are not connected to each other in any way.
The government of Bangladesh should immediately form an independent judicial probe commission headed by a competent judge of the Supreme Court, comprised of members of civil society organizations having credibility and experiences of working with the people's rights, excluding any member from the law-enforcement agencies, thereby enabling it to investigate the whole matter thoroughly since the incident that maimed Limon Hossain. The murder charge against Limon Hossain and his relatives must be dropped immediately. The government should remove the judicial officers, including Senior Judicial Magistrate Nusrat Jahan and others, who are incapable of administering justice to the litigants, due to their incapacity in terms of non-judicial mindsets. The perpetrators of the Rapid Action Battalion and police, who have been orchestrating all the charges, harassments, and attacks and who are specifically responsible for maiming Limon Hossain, should be prosecuted in public trial. Limon Hossain and his family must be compensated adequately and afforded protection without any further harassment by the state or non-state agents of Bangladesh. The authorities of Bangladesh must end the practice of granting impunity to its law-enforcing agents, who, due to this impunity, act like 'criminal-makers' in the country.
I look forward to hearing from you regarding the actions taken to effect justice in this regard.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mrs. Sheikh Hasina
Prime Minister
Government of the People's Republic of Bangladesh
Office of the Prime Minister
Tejgaon, Dhaka
BANGLADESH
Fax: +880 2 811 3244 / 3243 / 1015 / 1490
Tel: +880 2 882 816 079 / 988 8677
E-mail: pm@pmo.gov.bd or ps1topm@pmo.gov.bd or psecy@pmo.gov.bd
2. Mr. Md. Muzammel Hossain
Chief Justice
Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Fax: +880 2 956 5058 /+880 2 7161344
Tel: +880 2 956 2792
E-mail: chief@bdcom.com or supremec@bdcom.com
3. Barrister Shafique Ahmed
Minister
Ministry of Law, Justice & Parliamentary Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 7160627 (O)
Fax: +880 2 7168557 (O)
Email: info@minlaw.gov.bd
4. Ms. Sahara Khatun MP
Minister
Ministry of Home Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
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Fax: +880 2 7160405, 880 2 7164788 (O)
E-mail: minister@mha.gov.bd
5. Mr. Mahbubey Alam
Attorney General of Bangladesh
Office of the Attorney General
Supreme Court Annex Building
Ramna, Dhaka-1000
BANGLADESH
Fax: +880 2 956 1568
Tel: +880 2 956 2868
6. Prof. Mizanur Rahman
Chairman
National Human Rights Commission
10th Floor, Gulfeshan Plaza
8, Journalist Selina Parvin Road
Mogbazar, Dhaka
BANGLADESH
Tel: +88 02 8331492
Fax: +88 02 8333219
E-mail: nhrc.bd@gmail.com
7. Mr. Hassan Mahmud Khandker
Inspector General of Police (IGP)
Bangladesh Police
Police Headquarters'
Fulbaria, Dhaka-1000
BANGLADESH
Fax: +880 2 956 3362 / 956 3363
Tel: +880 2 956 2054 / +880 2 717 6451 / +880 2 717 6677
E-mail: ig@police.gov.bd
8. Mr. Md. Mokhlesur Rahman
Director General
Rapid Action Battalion
RAB Headquarter
Uttara, Dhaka
BANGLADESH
Tel: + 880 2 8919078/ 880 2 8961101
Mobile: +8801199886600 / 8801713014050/ 8801713374469
Fax: + 880 2 896 2884
Email: dg_rab@rab.gov.bd
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
