The High Court has exempted two police officials from appearing before the court as the duo sought unconditional apology over detaining a person who was on anticipatory bail.
A bench of justice Mustafa Zaman Islam and justice Md Aminul Islam passed the order today. The court adjourned the declaration of verdict for two weeks.
The two police officials are Md Moniruzzaman, officer in charge of Patuakhali Sadar police station and Mizanur Rahman, assistant sub inspector (ASI) Mizanur Rahman.
A daily newspaper carried a report titled ‘student on-bail arrested, later released by court’, over the incident. On the following day, the accused’s lawyer, Ali Ahsan Molla, drew the court’s attention to the report.
In further development, a High Court bench passed an order, along with a suo moto rule, on 21 May asking OC Moniruzzaman and ASI Mizanur to appear before the court and justify their position on 18 June.
During the hearing on 18 June, lawyer Ali Ahsan Molla told the court that he received a call from his client when he was being arrested, and had a conversation with the SI.
Ali Ahsan informed the police member over his client’s anticipatory bail, but he was taken away. The duo sought unconditional apology in writing on 24 July for the incident. Later the court fixed 30 July for giving an order. The two police officials were present before the court today.
Ali Ahsan Molla represented the student while lawyer Abu Reza Md Kaiyum Khan represented the accused police officials and deputy attorney general Md Sarwar Hossain represented the state.
During the hearing, lawyer Kaiyum Khan sought two weeks’ time for the order. The court adjourned the order for two weeks and said the accused police officials would not have to come in person during the announcement of the order.
Kaiyum told Prothom Alo that order would be given on 13 August.
According to the report published on 20 May, there was an allegation against Patuakhali Sadar police station of arresting college student Md Ashraful Hawlader and sending him to jail, although he obtained anticipatory bail from the higher court.
The accused was arrested from home on 18 May and was sent to the court on 19 May. The family of the accused they police was shown the copy of anticipatory bail but the police did not take that into consideration.
They also alleged police demanded a huge amount of money after the arrest. As the family could not provide the money, police sent Ashraful to the court.
Patuakhali chief judicial court's magistrate Md Jamal Hossain released him taking the document of anticipatory bail into consideration on 19 May.