A two-judge bench of the High Court Division on Tuesday delivered split ruling in a writ petition challenging the legality of police filing thousands of ‘fictitious and gayebi’ cases against leaders and activists of BNP and other opposition political parties implicating them in imaginary offences before the general election.
After delivering the split ruling, the bench of Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal sent the writ petition to the Chief Justice to assign a 3rd judge to dispose of the matter.
Justice Moyeenul Islam Chowdhury in his ruling asked the government and the police to explain in four weeks why arbitrary filing of the alleged fictitious and gayebi criminal cases with mala fide intention against three senior Supreme Court lawyers and countless leaders and activists of BNP and other political parties with different police stations in the capital would not be declared illegal.
Justice Moyeenul Islam Chowdhury also asked the government and the police to explain why they would not be directed to take action against police officers
involved with arbitrary filing such alleged fictitious and gayebi cases with mala fide intention.
Justice Moyeenul Islam Chowdhury also directed the inspector general of police to monitor the matter and ask the police to explain why they filed the fictitious and gayebi cases in the capital.
He directed the IGP to submit compliance report within 60 days.
He set December 17 for the next hearing.
He, however, imposed no restrictions on investigations into seven fictitious cases, the victims of which filed the writ petition.
In the observations, the judge said by alerting the police about the fictitious and gayebi cases, the IGP already admitted that such cases were filed against the opposition leaders and activists.
The respondents include the home secretary, the IGP, Dhaka Metropolitan Police Commissioner, DMP deputy commissioner for Ramna Zone, DMP additional deputy police commissioner and the officers-in-charge of Ramna, Shahbagh and Paltan police stations.
Justice Ashraful Kamal in his ruling summarily rejected the writ petition on the ground that criminal benches alone had the jurisdiction over criminal matters.
But he said that the aggrieved persons could seek compensation if the cases were found false by trial courts.
He accepted grounds cited by attorney general Mahbubey Alam for summery rejection of the writ petition.
In September, senior Supreme Court lawyers Khandker Mahbub Hossain, Nitai Roy Chowdhury and Sanaullah Mia jointly filed the public interest writ petition, as aggrieved victims of seven recently filed fictitious cases.
At Monday’s hearing, the bench reprimanded the police in its observations saying that such cases were tarnishing the image of the police lacking credibility.
The bench also asked the attorney general to find out from the police why they filed fictitious cases even against dead persons as well as those living abroad implicating them with imaginary offences.
The bench, following the attorney general’s prayer, gave time until Tuesday to prepare his replies.
On Monday Jurist Kamal Hossain stood for the petitioners.
On Tuesday, he sent a junior to stand for the petitioners.
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