The High Court (HC) in a full text of an order observed that the police department must have to believe human life is very precious. So a police officer has to think first about the legal and basic issues before taking into remand an accused person, observed the court.
In its observation the HC also said, "It is a settled proposition of law that citizens' rights cannot be hampered without following the relevant laws. Similarly, every citizen should be respectful to the law of the land. One should not be convicted through any unusual course like trolling on personal life and liberty of citizens by any means before coming any verdict from any appropriate court of law of the land."
The HC bench of justices Mustafa Zaman Islam and KM Zahid Sarwar passed the observation after holding hearing on a criminal revision petition filed by actress Shamsunnahar Smriti, popularly known by her screen name Pori Moni.
The verbal order was passed on September 2 this year and the full text was released on Tuesday.
The High Court said, "Crime is not sole problem only for the police rather it is a community problem. The police department must have to believe that human life is a very precious one. A police officer has to think first about the legal and basic issues before taking into remand an accused (person). The society vests in the highest level of trust upon the police department."
The court also said in the Pori Moni's case it seemed that the investigation officer, to some extent, disregarded the guidelines of the country's apex court as well as the laws resulting in the obstacle of the smooth functioning of the criminal justice system.
It transpires from record that the manner of arrest of the accused (Pori Moni) by the law enforcing agency is contrary to the guidelines as set by our apex court, also observed the High Court.
"Law has to be regarded as the foundation of a civilised society. Suffice it to say that the Article 35(5) of our Constitution contemplates that no person shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment," also stated the full text.
The High Court by the order asked Devobrata Biswas and Atikul Islam, metropolitan magistrates in Dhaka, to explain the reasons what facts and circumstances prompted them to grant second and third phase remands against the accused petitioner.
Thereafter, if the explanation and clarification found not satisfactory, the concerned metropolitan magistrates should appear in person before this court for further clarification, observed the HC.
It also summoned investigating officer in the case, Golam Mostafa, also an inspector of the Criminal Investigation Department (CID), to appear in person on September 15 with the case docket and to explain his position.
On August 4 this year, members of the Rapid Action Battalion (RAB) detained Pori Moni after a raid in her residence. RAB also seized a huge quantity of narcotics from her residence. Later, RAB filed a case against her under the Narcotics Control Act.
The metropolitan magistrates sent her on remand for three consecutive times.
Challenging the repeated remand, Pori Moni's lawyer filed a revision petition with the High Court.
bikashju@gmail.com