HC orders action against ex-judge over ‘flawed confession’ recording

The High Court has ordered the law ministry to act against former judge Md Kabir Uddin Pramanik for violating criminal procedure while recording a murder suspect’s confession in Pirojpur 15 years ago.

Pramanik, now a joint secretary in the Law and Justice Division, was serving as a senior judicial magistrate when he recorded the statement in 2010.

The court said the process violated Sections 164 and 364 of the Code of Criminal Procedure, making the confession unusable as evidence. It also found him “incompetent” to exercise sessions powers in serious criminal cases.

The bench of Justice Bhishmadev Chakrabortty and Justice KM Rasheduzzaman Raja issued the ruling on Jul 27 after hearing death-reference proceedings and an appeal.

The court also overturned the death sentence of Nur Mohammad, who had spent 16 years in prison, and acquitted him, citing serious flaws in his trial.

The confession form’s required columns were not properly completed, and Nur’s signature was taken on a separate sheet. The court said such failures made the statement inadmissible.

It also found flaws in the appointment of his defence lawyer and proceeding with the trial without establishing his mental fitness.

Pramanik told bdnews24.com he would appeal, saying he was preparing to do so this week.

The court ordered the ministry to act under the law applicable at the time and directed that the judgment and a copy of the confession be sent to it.

It also ordered a psychiatric assessment of Nur, directing his release if found fit or placement in a shelter if found mentally ill.