One judge for probing 'fictitious' cases, but the other dismisses writ

The High Court on Tuesday delivered a split order on a writ petition filed seeking its directive to constitute an independent probe panel to look into 'fictitious' cases filed against the leaders and activists of opposition parties.

While the senior member of the two-member HC bench, justice Moyeenul Islam Chowdhury, passed an interim order and issued a rule over the matter, junior member justice Md Ashraful Kamal rejected the writ, reports UNB.

Following the split order, the matter will be sent to chief justice Syed Mahmud Hossain who will assign a new bench to dispose of it.

In the rule, justice Moyeenul Islam Chowdhury wanted to know why the filing of 'fictitious' cases intentionally against the petitioners and leaders and activists of different political parties should not be declared ultra vires and why directives should not be given to take action against those involved in filing such cases.

At the same time, the Inspector General of Police was asked to take steps to monitor and investigate the cases and submit a report before the court in affidavit within 60 days.

Kamal Hossain, Khandaker Mahbub Hossain and Zainul Abedin stood for the petitioners while attorney general Mahbubey Alam represented the state.

On 23 September, former Supreme Court Bar Association president Khandaker Mahbub Hossain, advocate Nitai Roy Chowdhury and Sanaullah Mia filed the writ petition.

According to the writ petition, law enforcers filed 3,736 cases against 313,130 BNP and other political party leaders and activists between 1 and 20 September.