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The three former Rapid Action Battalion (RAB) officers suspected of links to Narayanganj seven murders have not been arrested two days after a High Court order, despite there being no legal barriers, because of apparent procedural complications between police and the army.
Published : 13 May 2014, 10:33 PM
The High Court on Sunday ordered the arrest of these former military men. The order reached the police headquarters the next day.
On Monday, State Minister for Home Asaduzzaman Khan Kamal told the media the arrests were ‘under process’.
However, 24 hours have passed since then with no apparent progress.
On Tuesday evening, Narayanganj Superintendent of Police Khandker Mohid Uddin told bdnews24.com police were working on the High Court order.
Dr Kamal Hossain at a protest rally by Narayanganj lawyers. File Photo.
Sources said a letter had been sent to the armed forces seeking its help to arrest the three men as per the court order.
Asked whether there had been any reply to the letter, SP Mohid Uddin said, “We’re working on the order. That’s all I can say now.”
The officers are former RAB-11 commander Lt Col Tarek Sayeed Mohammad, Maj Arif Hossain and Lt Commander MM Rana.
Former Lt Col Mohammad is the son-in-law of Disaster Management and Relief Minister Mofazzal Hossain Chowdhury Maya.
Seven men, including Narayanganj City Councillor Nazrul Islam and lawyer Chandan Kumar Sarkar, were abducted on Apr 27.
Their bodies were found floating on Shitalakhyya River on Apr 31 and May 1.
The RAB officers were sent back to their parent forces.
They were forced to retire three days after Nazrul’s father-in-law claimed RAB had taken bribes from prime suspect local Awami League leader Nur Hossain.
Senior lawyer Dr Kamal Hossain said after the High Court order, there could be no reason to not arrest the men.
“Orders from the apex court are absolute. This is mandated by the constitution. I don’t believe there is any exception to that,” he told bdnews24.com.
ASM Shahjahan. File Photo.
Hossain was the lawyer for the writ petition that brought about the High Court order.
The High Court order directed to police says the men had to be arrested under section 54 (suspicious activities) if specific charges could not be brought against them.
Former inspector general of police Nurul Huda believes there are no barriers to arresting the officers.
“But if they are on the run, or there are other problems, the relevant authorities should inform the public about that,” he said.
He said the lack of a clear statement about the process was giving rise to speculations.
Huda said the suspects could surrender at the court to avoid arrest.
Additional Attorney General MK Rahman told bdnews24.com he was not aware of the officers going to the Appellate Division since the order.
“The government hasn’t done anything like that either,” he said.
Another former police chief ASM Shahjahan said the authorities should quickly go through with all the formalities required to make the arrests.
He believed there were no reasons, other than procedural ones, behind the delay.
Junior home minister Kamal also talked about procedures whenever he was asked about the arrests.
To understand these procedures, bdnews24.com spoke to former Brigadier General M Shakhawat Hossain.
He explained that because of their early discharge, the officers would remain in their positions for another year.
M Shakhawat Hossain. File Photo.
Since they are still military officers, police cannot enter a cantonment and arrest them. The military police will have to carry out the arrests.
Sources in the army said Lt Col Sayeed and Maj Arif were at a cantonment.
State minister Kamal has told the media they are under surveillance.
Gen Hossain said the High Court order was without precedent.
“This is a unique case. The court order has to be carried out, but since they are staying in a cantonment, some cooperation is needed on both sides.”
“The defence ministry could order the armed forces or the respective forces to hand them over.”
“There is no reason for the armed forces headquarters not to cooperate after a High Court order.
“But this has never happened before. So they have to clear all the procedures,” he explained.
“Both sides have to look into the rules. It could take some time.”
