Re-arrests at jail gates on flouting SC directives

M Moneruzzaman | Published: 23:58, Oct 15,2016 | Updated: 01:03, Oct 16,2016

 
 

Police in plainclothes still re-arrest accused at jail gates immediately after their release on bails in gross violation of Appellate Division’s standing directives.
In such cases, the re-arrested are implicated in new cases in which they are not wanted only to detain them indefinitely, said lawyers. 
To prevent release from jails on bails the police also pray to magistrates’ courts to show the detained persons arrested in pending cases in which they are not wanted and it constitutes yet another violation of the apex court directives, said lawyers.
Supreme Court lawyer Md Yousuf Ali told New Age that his client Abdur Rahim remained traceless since he was picked up for the fourth time by police in plainclothes at Pabna jail gate at 1.30 PM on September 26.
 He said that Rahim was picked up in a white microbus immediately after he was freed on bail granted by the High Court Division.
On June 28, the High Court Division issued a directive not to arrest or harass him at the jail gate, said the lawyer. 
He said that Rahim’s re-arrest took place also in violation of the Appellate Division’s standing directives forbidding arrests of persons released on bails from jail gates.
Yousuf said that 63-year old Rahim spent at least 21 months in jails since January 14, 2015 in violence related cases.
Dhaka city Jamaat’s assistant secretary Shafiqul Islam Masud was re-arrested by plainclothes police at Dhaka Central Jail gate twice immediately after he was released on bail granted by the High Court in over 50 cases relating to violence during hartals and blockades.
His re-arrest at the Dhaka Central Jail gate took place on December 25, 2015 and April 24.
After detaining him at the Detective Branch’s head office in the capital for three days, Shafiq was produced before a magistrates’ court in the capital which sent him back to the jail in two cases filed by the police in 2013, said the lawyer.
He was first arrested on August 9, 2014,sad the lawyer.
Since July, when suspended mayor of Gazipur  Prof MA Mannan was arrested for the second time he has been detained in jail denying him the opportunity to leave prison though was granted bail in 27 cases.
He has been detained showing him arrested in a new case on August 22, immediately after the court police received the copy of bail granted by the High Court Division, said his lawyer Abu Hanif.
Following prayers from Joydevpur police the court of Gazipur senior judicial magistrate on the afternoon of August 22 issued a fresh detention order showing him arrested in a subversive case filed during BNP’s countrywide blockade in 2013.
The magistrate’s court granted the police prayer though Mannan was not produced before it and no warrant was issued to produce him either, said the lawyer.   
On May 9, the Appellate Division issued the directives prohibiting arrests at jail gates after release of detained accused on bail.
The directives also prohibited showing them arrested in new cases without producing them in magistrates’ courts.
The apex court issued the directives while disposing of government’s appeal against a High Court Division order prohibiting showing detained Amardesh acting editor Mahmudur Rahman arrested in newer cases without producing him in court or denying him the right to be defended by lawyers.
No accused should be arrested at the jail gate after he is released on bail from the  custody of jails  as the law does not permit it, said the apex court.
The police can arrest suspects in other cases after their release on bails, assistant inspector general of police (media) Jalal Uddin Ahmed Chowdhury told New Age recently.

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