HC calls OC over caning of woman

Dhaka, Oct 31 (bdnews24.com)—The High Court on Wednesday summoned the Officer-in-charge of the Kachua Police Station in Bagerhat district and four others over a woman being caned and her family forced to leave the village in a local arbitration. A bench of Justice Salma Masud Chowdhury and Justice Ashish Ranjan Das issued the summons on hearing a writ petition. Advocate Asaduzzaman Siddiqui filed the writ petition behalf of the Human Rights and Peace for Bangladesh (HRPB), a human-rights organisation, seeking High Court directive on the government to take appropriate action against the persons responsible for torturing the woman. The court asked the OC, Maulana Muhammad Monjur, Chairman of Moghia Union Parishad (UP), two UP Members 'Dulal' and 'Shephali' and its guard 'Sribas' to appear before the court on Nov 8 to explain their role in the incident. The court issued a rule upon the government to explain why the absence of legal action against village arbitrator Monjur and the persons responsible for torturing the woman should not be declared illegal. The government was also asked to explain why it should not be directed to take legal measures against the village arbitrators under the Bangladesh Penal Code. The Home Secretary, Inspector General of Police (IGP), Superintendent of Police of Bagerhat district, OC of the Kachua Police Station, UP Chairman Monjur, Dulal and Shephali and Sribas were asked to answer in four weeks. Bengali daily Ittefaq on Oct 20 carried a report on the incident saying that UP Chairman Monjur and some others issued a fatwa (an Islamic religious decree) on 'Nilufa', a housewife of Nazirpur village, and caned her 40 times on charges of having an alleged extramarital relationship. According to the report, the arbitrators confined the victim and her family to their home for three days so that the incident could not go public. The village influential on Oct 14 also forced Nilufar, her husband and their children to leave the village. The incident was disclosed after the woman along with her husband and children came to her father's home at Jugia village of Nazirpur upazila of Pirojpur district. b>Supreme Court Verdict on Fatwa A High Court bench comprising Justice Golam Rabbani and Justice Najmun Ara Sultana had declared all punishments imposed in the name of fatwa illegal on Jan 1, 2001. The verdict came following a hearing on a suo moto ruling after a report on Hilla marriage (marriage with a third person) was published in a newspaper. Maulana Mufti Mohammad Toyeeb and Abul Kalam Azad challenged the HC verdict at the apex court the same year. Another High Court bench of Justice Syed Mahmud Hossain and Justice Govinda Chandra Tagore on July 8, 2010 declared all forms of extra-judicial punishment including those in the name of fatwa illegal. Modifying the High Court verdict, a six-member bench of the Appellate Division headed by the then Chief Justice ABM Khairul Haque on May 12, 2011 ruled that properly educated persons can issue fatwa but cannot force anyone to accept it. In its judgement, the apex court said that no punishment including physical violence or mental torture in any form can be imposed on anybody in pursuance of fatwa. It said that properly educated persons can issue fatwa on religious matters. But it can only be accepted voluntarily. Any coercion or undue influence in any form to force it on anyone is forbidden. But the full text of the verdict is yet to be published. bdnews24.com/sn/skb/bd/2054h