The High Court Division on Tuesday directed the Narsingdi superintendent of police and the officer-in-charge of Raipura police station to bring an illegally detained man before it tomorrow.
In a ruling, the court also directed the home secretary, the inspector general of police and Dhaka Metropolitan Police Commissioner to explain by July 19 why the SP and the OC would not be asked to bring the detained person, and satisfy the court that he had not been illegally detained.
A bench of Justice Syed Muhammad Dastagir Husain and Justice Md Iqbal Kabir issued the directive and the ruling after hearing a habeas corpus writ petition of Md Apon Miah, son of the detained person, Nannu Miah, 57, of Raipura Paschimpara, Raipura, Narsingdi.
Petitioner’s lawyers Rafiqur Rahman and Samsul Islam Mukul submitted that the Raipura OC had illegally detained Nannu, a local businessman, and inhumanly tortured him at the police station after he refused to pay Tk 20 lakh as bribe.
The lawyers submitted that Nannu was falsely implicated in a human trafficking case the OC recorded at 11, 30PM on July 7.
They also submitted that Nannu was not produced before any court in violation of the Constitution that made it mandatory for the police to produce anyone in a court within 24 hours of their arrest.
They submitted to the bench that one day after his arrest instead of producing Nannu in a court he was shifted to the Dhaka Medical College Hospital in a critical condition.
They submitted that the police guarding Nannu were not allowing his family member to meet him.
They submitted that Nannu has been put up in a dirty corner of the DMCH for his critical condition caused by torture in police custody.
The lawyers submitted though Nannu had undergone vestibular Schwannoma Surgery in 2017, he was detained at the Raipura police station since 8.30 PM on July 7 after he had gone to the police station being asked by OC Delwar Hossain.
The lawyers submitted that on several occasions, the OC sent police contingents to Nannu’s residence demanding Tk 20 lakh as bribe and threatened that he would be implicated in a criminal case if he did not pay the bribe, they said.
Appearing for the state, deputy attorney general Amit Talukder informed the court that the detained person was in the DMCH on the basis of the custody warrant issued by a Narsingdi judicial magistrate.
When contacted, OC Delwar Hossain denied that he had tortured Nannu Miah for refusing to pay the bribe.
‘We could not produce him in the court as he fell sick a day after his arrest,’ OC Delwar told New Age.
He said that the accused was previously ill since he had a surgical operation on his head.
‘Nannu was arrested on the basis of information given by two other accused persons, who were arrested earlier with a Rohingya woman,’ alleged the OC.
The OC also alleged, Nannu is a human trafficker to Malaysia.’
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