High Court rejects plea calling for ban on direct fire by law enforcers

The court said that all citizens have the right to peaceful protest and that police must follow the law

The High Court has rejected a writ petition calling for a ban on law enforcers opening direct fire on protesters amid nationwide demonstrations.

The bench of Justice Mustafa Zaman Islam and Justice SM Masud Hossain Dolon made the decision on Sunday.

The court added that all citizens have the right to peaceful protest and assembly, and that police will have to follow the instructions of the law.

“The Constitution empowers the high court to make rules. Referring to those rules, we said the petition was not proper [not informed]. After the hearing, the court summarily rejected the petition with observations,” said Attorney General AM Amin Uddin after the hearing.

“The court observed that every citizen has the right to peaceful assembly. But, if there is any violence during an assembly, the police can use lethal weapons as a last resort. But, in that case, the law enforcing agencies have been asked to strictly follow the Police Regulations of Bangladesh (PRB).”

The hearing of the petition had been pushed back from Wednesday after Justice Dolon, the junior justice on the bench, was taken ill.

Supreme Court Advocates Pritom and Ainun Nahar Siddiqa Lipi presented the petition calling for the freeing of the quota protest coordinators in Detective Branch custody and an order to halt firing on protesters.

The cabinet secretary, home secretary, inspector general of police, army chief, and others were named as the respondents.

The initial petition was heard on Jul 29 and the following day was set as the date for the decision. But, as the two sides had not completed their arguments, a new date was set for Wednesday.

Due to the absence of the judge, the hearing was not held on Wednesday.