The High Court on Monday asked police stations and the courts of magistrates to make National Identity Cards of the complaints mandatory for recording cases.
The court also asked the chief of the Criminal Investigation Department to take steps to investigate how 49 ‘fictitious’ cases were filed against Akramul Ahsan Kanchan and submit a report within 60 days.
An online bench of Justice M Enayetur Rahim and Md Mostafizur Rahman issued the directives after hearing a writ petition filed by Akram, a dyeing factory owner at Fatuallah in Narayanganj.
The court also asked the government and the police to explain why they would not be directed to investigate and identify the perpetrators involved in lodging fictitious cases against Akram and why they would not be directed to take action against the perpetrators.
The court asked the home secretary, the inspector general of police, the chiefs of the Special Branch and the Criminal Investigation Department, the Rapid Action Battalion director general, the Dhaka Metropolitan Police commissioner and the chief of the Police Bureau of Investigation to respond to the ruling within four weeks.
Petitioner’s lawyer Zainul Abedin told the court that Akram served 1,465 days in jails in 49 ‘fictitious cases’ relating to rape and sexual assault on women, human trafficking, robbery, acid throwing and theft although complainants of those cases were not traced so far.
Zainul Abedin told the court that Akram was acquitted of the charges in 32 cases while he was freed on bail in the remaining 17 cases.
He said that Sutrapur police in Dhaka on August 18, 2013 arrested Akram in connection with a beating case.
Since then a total of 49 cases were filed against Akram, said Zainul Abedin, adding that no complainants could be traced in the cases.
Akram was freed on bail on May 21, 2015.
Earlier on October 14, 2020, the High Court bench issued seven directives to the lower courts, law enforcement agencies and jail superintendents to prevent arrests against fake warrants.
The seven directives were issued after the hearing of a writ petition filed in December 2019 by Shahnaj Parvin, wife of Gonoshasthaya Kendra’s Agricultural programme officer Awlad Hossain, seeking a directive to produce him before it to satisfy that he was not held in jail custody illegally.
Awlad had been detained in jails for 68 days against four fake warrants issued in the name of the courts in Cox’s Bazar, Rajshahi, Sherpur and Bagherhat before he was freed from Dhaka Central Jail on January 6 on the High Court’s intervention.
Police arrested Awlad at his home in Ashulia on October 30, 2019 on the basis of a fake warrant lying pending with the Ashulia police station and he was later sent to Dhaka Central Jail.
Awlad was transferred to the jails in Cox’s Bazar, Rajshahi, Sherpur and Bagherhat, one by one, for his court appearance against the fake warrants but the judges of the courts in the districts cleared him stating that they did not issue the warrants.
The court had asked the law enforcers to check the warrants from the courts concerned before making the arrests and to produce the arrested persons before the courts within 24 hours of their arrest.
The bench asked the lower courts to put the names of the judges and their designations on the warrants as well as the mobile numbers of the warrant-writing staff members so that law enforcers could verify the authenticity of the warrants.
The High Court also asked the police and lower courts to maintain registry books so that they could record in them the relevant details about the warrants.
The HC directed the jail superintendents to inform the trial courts concerned after receiving the accused who was wanted by the trial courts.
The jail supers were also asked to keep the arrested persons detained if they were wanted in other cases.
The HC asked its officials to send copies of the directives to the secretaries of the ministries of home and law, the inspector general of police, the inspector general of prisons, the Supreme Court’s registrar general, and all the courts and tribunals.
The HC issued the directives on the findings given by the Criminal Investigation Department after conducting a probe into the arrest and detainment of Awlad in false warrants.
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