Dhaka, Oct 9 (Just News): A two-judge High Court bench today delivered dissenting order of a writ petition that sought its directive on the government to form a high-powered body to probe the authenticity of “fictitious” cases filed against activists of BNP and other political parties.
Justice Moyeenul Islam Chowdhury, senior judge of the bench, directed the inspector general of police (IGP) to monitor and inquire into the alleged fictitious cases filed in Dhaka and to submit a report before this court in 60 days.
The judge also issued a rule asking the authorities concerned of the government to explain why filing such cases should not be declared illegal.
He also fixed December 17 for passing further order on this issue.
Meanwhile, Justice Md Ashraful Kamal, a junior member of the bench, summarily rejected the writ petition saying that the petition is not acceptable as the petitioners have no locus standi (the right or ability to bring a legal action to a court of law) to move such a petition.
Now, the HC judges will send the petition along with their orders to the chief justice, said Deputy Attorney General Ekramul Haque Tutul.
After receiving the petition, Chief Justice Syed Mahmud Hossain will assign another HC bench for hearing and disposing of the petition, he added.
During today's hearing, Attorney General Mahbubey Alam vehemently opposed saying the writ petition has been filed on the basis of some newspaper reports that claimed the fictitious criminal cases have been filed against innocent people in order to harass them.
If the cases were filed against innocent people, they will be cleared of the charges through investigations and will be granted bail by the trial courts concerned, he said.
The attorney general said if the police cannot file cases, the criminal proceedings will be damaged.
The writ petition is not acceptable, as the petitioners (three pro-BNP lawyers) cannot become aggrieved for all the criminal cases filed across the country, he said.
Advocate Mahbubey Alam also said the aggrieved people can move petitions before the HC for scrapping the proceedings of the cases against them as the cases are criminal cases.
In response to the attorney general’s argument, Advocate Khandker Mahbub Hossain, one of the petitioners, told the HC that around 10 lakh BNP men have been made accused in the arbitrary and fictitious cases filed across the country.
He said they filed the writ petition as a public interest litigation to the HC challenging the filing of the cases, as it is not possible for all the accused of the cases to move before the HC for remedy.
The writ petition has been moved before the HC, which is the last resort for the people, so that police would not harass the innocent people through filing such cases.
Earlier on Monday, eminent jurist Dr Kamal Hossain appeared for the writ petitioners, saying that the cases were filed from political intention which is contradictory to the constitution.
The allegations mentioned in the cases are almost the same, although they are ambiguous, he said.
During the proceeding on Monday, the HC had said the image of the police is tarnished due to the filing of such cases.
Advocate Khandker Mahbub Hossain, Advocate Nitai Roy Chowdhury and Advocate Sanaullah Mia collectively submitted the writ petition to the HC on September 23 saying 4,000 fictitious and malafide cases were filed across the country in September against leaders and activists of BNP and other political parties.
It has been stated in the petition that, the cases were filed in order to create panic among the opposition political party men ahead of the next parliamentary elections.
In the petition, the lawyers prayed to the HC to order the authorities concerned of the government not to harass the people through filing such cases and to take actions against those persons who are responsible for filing the cases.
The petitioners prayed to issue a rule upon the authorities to explain why filing such cases should not be declared illegal.
(Justnews/ys/2310hr)
