Arrest despite anticipatory bail
Two police officials seek unconditional apology in HC
Two officers at Patuakhali police station have sought unconditional apology in connection with the of arrest of an accused who was granted anticipatory bail by the High Court in a case.
Appearing in the High Court, two officers through a lawyer on Sunday sought the apology in a bench comprised of justice Mostafa Jaman and justice Md Aminul Islam.
They are Patuakhali police station officer-in-charge Md Moniruzzaman and assistant sub-inspector 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.
Later, a call was made to the OC, but he did not continue the conversation citing his busy schedule.
'We will call phone record'
The issue of making calls over the phone came up in the hearing. Drawing attention of defence lawyer Ali Ahsan Molla, the court asked, "Did you make a call?"
Ali Ahsan Molla said, "I talked to ASI by the phone of the accused. I went to BTRC. It said they would give a call record if there is a court order. There is no scope to hand over the call record personally."
The court said, "We will call the record. You will submit an affidavit in this regard by Monday."
Drawing attention of two police officers' lawyer Abu Reza Md Quayum Khan, the court said, "The affidavit will be submitted. We will see. The next date has been set for tomorrow."
Lawyer Khan said, "Will they have to be present?"
The court said, "They have to be present."
Deputy attorney general Md Sarwar Hossain represented the state in the court today.
Later, speaking to Prothom Alo, lawyer Quayum Khan said, "When the accused are brought to the police station, documents couldn't be submitted at that time. We had no order with us. We are respectful to the court. We seek unconditional apology."
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 said the police did not take into consideration despite showing the copy of anticipatory bail. They also alleged police demanded a huge amount of money after the arrest. For failure to meet the demand, police sent him 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.