HC judges split in decision on cases against BNP leaders

The High Court has passed a split decision on the writ petition seeking a rule on cases on ‘flimsy’ charges against BNP leaders and activists.

A split decision means the case will now be forwarded to Chief Justice Syed Mahmud Hossain who will form a bench with only one judge to dispose of the case, lawyers said.   

Justice Md Moinul Islam Chowdhury issued an interim order with a set of rules, asking why the police should not face action for bringing such charges against the BNP leaders.

The other member of the bench, Justice Md Ashraful Kamal, however, judged the petition dismissed after the hearing ended on Tuesday.

Dr Kamal Hossain and Khandaker Mahbub Hossain, who is also among the three petitioners, argued for the petitioners while Attorney General Mahbubey Alam and Deputy Attorney General Ikramul Haque Tutul represented the state.

The other petitioners are former minister Nitai Roy Chowdhury and former Dhaka Bar Association president Sanaullah Miah.

The police started a number of cases against BNP leaders and activists before and after the party’s Sept 30 rally at the Suhrawardy Udyan on charges related to violence, which the party dismisses as false.

The BNP says its leaders and activists were accused in 4,149 cases initiated between Sept 1 and Oct 5 of vandalism, explosions and attack on police.

Three BNP lawyers, who are also accused in some of the cases, filed the writ petition at the High Court on Sept 23 seeking a halt on police harassment on imaginary charges.

They also sought formation of an independent committee to investigate whether bringing such charges was proper.

Justice Moinul asked why the cases on so-called imaginary criminal charges started against ‘many’ people in different political parties, including the petitioners, as reported by different newspapers, should not be declared to have been done beyond authority.  

He also asked why the court should not order action against the police officers who started the cases.

The home secretary, Dhaka Metropolitan Police chief, DMP Detective Branch deputy commissioner for north zone, DMP additional deputy commissioner for Ramna Zone and OCs of different police stations in the capital were asked to respond to the rules within four weeks.

Justice Moinul also ordered the inspector general of police to supervise the cases against the petitioners and others on ‘false’ charges and check the charges. The police chief was asked to submit a report within 60 days.

Justice Ashraful in his order said, citing the constitution, that the petitioners were accused of criminal offences so they do not have the authority to file a writ petition in public interest or as aggrieved people.

Besides these, the Appellate Division of the Supreme Court previously made a decision on the issue and the High Court was bound to follow the Appellate Division, Justice Ashraful said.

“So the writ petition has been dismissed directly after initial hearing,” he said.

After the High Court decision, Attorney General Alam told the media he had argued that there was no scope of filing a writ petition on the cases as there were already provisions on remedy in such cases in criminal laws.

He said he had also cited the instance of the Appellate Division. 

The top legal officer of the state also said the case will now be forwarded to a third judge through the chief justice now after the split decision.

BNP leader and Supreme Court Bar Association President Zainul Abedin said the order of the presiding judge, Justice Moinul, would be effective until a third judge disposes of the case.

Attorney General Alam disagreed, saying there was no scope of implementing the order.