‘Can’t jail them for complaints’

The attorney general has remarked that law enforcement personnel cannot be charged in cases or sent to jail simply because of a complaint.

Mahbubey Alam was speaking as the state counsel at a hearing on Tuesday on the appeal of one Mehedi Hasan on the alleged custodial death of his brother.

Shahnur Alam, a businessman from Brahmanbaria, was arrested by RAB on April 29 and died in a hospital on May 6. His brother says Alam died of torture in custody.

He lodged a complaint against nine RAB personnel, including RAB-14 Bhairab camp commander Maj AZM Sakib Siddiki, at a magistrate court in the district after police refused to file a case.

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Senior Judicial Magistrate Najmun Nahar ordered police to accept the case and was suspended a day later.

A sessions judge later amended her ruling to say the complaint has to be investigated before taking any legal action, after an appeal from one of the RAB members.

Mehedi brought the matter before the High Court.

At the hearing, the attorney general said, “If we file cases against law enforcement personnel every time there is a complaint, no one in RAB or police will be able to work. The nation will be crippled.”

Mehedi’s lawyers argued that the RAB man could not make a penal appeal to the sessions judge before surrendering to the court.

Mahbubey Alam argued that the sessions court was correct in its order.

“The magistrate court wanted police to accept the complaint as a case. The sessions court said investigation had to happen first,” he said.

“If they find something worth filing a case, then the case will be filed.”

The attorney general pointed to the High Court order that led to the arrest of three ex-RAB officers who are key suspects in the Narayanganj multiple murders, and said, “Under those special circumstances, we did not appeal against that order.”

“But that does not mean that everyone will go to jail merely as a result of allegations,” he added.

“Under the law, investigation will be made into the allegations and then legal action will be taken,” he said.

The court however, issued a rule asking the sessions court why its order would not be turned back.

The attorney general protested, saying, “This will send the wrong message to people. They’ll think the court has ruled against RAB.”

He said the investigation of the alleged custodial death was underway and those involved would be brought to trial if the investigation reveals anything.

The court replied that the rule was not against anyone, rather it aimed to examine the situation.