The High Court Division Sunday directed the Police Bureau of Investigation to hold a fresh probe into suspected disappearance of homeopathic physician Sheikh Mokhlesur Rahman Jony since his arrest by the police at Satkhira on August 4, 2016.
In the order, Justice Quazi Reza-Ul Hoque and Justice Mohammad Ullah directed the inspector general of police to ensure that the PBI holds the fresh probe.
The bench fixed October 3 for passing further order in the writ petition of Mokhles’ wife Jasmin Nahar seeking directive to the police to produce her husband in the court.
The bench ordered the fresh investigation describing as ‘incomplete’ the probe report of senior judicial magistrate of Satkhira Habibullah Mahmud which had found the involvement of three police officers in the arrest and disappearance of Mokhles.
The court also expressed dissatisfaction over the judicial magistrate’s findings.
His report says that in recent times magistrates’ courts received several complaints about such arrests and denials by the police.
The report said that some of the arrested people were later found dead, some were later being produced in courts showing them arrested and some returned home after some days and some others were still traceless.
It is not known whether or not proper investigations were conducted into these incidents, said the report.
The probe report said that the whereabouts of physician Mokhles could be ascertained from the call lists of the accused police officers.
In his probe report the magistrate said that during the investigation despite requests the director general of National Security Intelligence extended him no cooperation in getting the call lists of the suspect police officers.
The magistrate said in his report that the police denied these allegations time and again.
The report raised the question whether the police could absolve themselves of their responsibilities in these incidents by mere denials.
The probe report said that the police department demonstrated extreme negligence of duty entrusted to them by their refusal to record general diary or cases in such incidents.
The probe report said that the citizens’ security of life was facing extreme threat either from the police force or criminal groups.
A visibly depressed Jasmin Nahar was seen loitering outside the courtroom with her two- month old daughter on her lap throughout the hearing of her writ petition on Sunday.
Jasmin was pregnant when her husband’s enforced disappearance occurred on August 4, 2016.
Jasmin’s lawyer Motiur Rahman was not present in the courtroom when the bench ordered the fresh probes by the PBI.
The judicial magistrate’s report found involvements of Satkhira police superintendent Md Altaf Hossain, former Satkhira sadar police station’s officer-in-charge Emdadul Huq Sheikh, former sub-inspector Himel Hossain, and higher police officials with arrest of Mokhles and his subsequent disappearance.
According to the probe report, OC Emdad and sub-inspector Himel were directly involved with the arrest and disappearance.
OC Emdad, now posted at the Jhenaidah sadar police station and SI Himel, now posted at the Kotwali police station of Jessore, denied their involvement with the incident.
The probe report found veracity in the statement of Jasmin Nahar, that her husband had been traceless since August 4 when he was arrested and illegally detained at the Satkhira sadar police station for three days after arresting him.
The judicial probe report also found veracity of her statement that she and her father-in-law met Mokhles at the lockup of the police station on August 5, 6 and 7 with homemade food.
The probe report was submitted to the court in compliance with the order passed by the bench on May 9, 2017.
Earlier, probe report of additional inspector general of police for the Khulna range, submitted to the HC, denied that Mokhles disappeared after his arrest by the police.
A police team led by SI Himel arrested Mokhles at the Satkhira New Market where he had gone to buy medicines for his father at 9:00pm on August 4, 2016.
In the writ petition, Jasmin said that on the midnight of August 4, the police raided the residence of Mokhles in the Satkhira district town when the family members were asked to meet him at the police station.
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