All deaths unfortunate
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from law enforcers’ custody and stopping the use of bullets on protesters.
The bench held hearing on the petition for the second consecutive day yesterday amid chaos and commotion in the packed courtroom.
The court will hold another hearing today and issue an order.
Lawyers Sara Hossain and Aneek represented the petitioners while additional attorneys general SM Munir, Sk Md Morshed and Mohammad Mehedi Hassan Chowdhury the state.
Reading excerpts from the Police Regulations Bengal and the Code of Criminal Procedure (CrPC) about law enforcers’ use of bullets, Aneek said if the police have to shoot, they should aim at legs. If someone is committing a robbery at night, law enforcers can shoot directly in self-defence.
A loss for the nation should not only mean the damage to some buildings and structures, the loss of life is also a loss for the nation, the lawyer argued, adding that police used to spray hot water and pepper to suppress or disperse protests.
Justice Mustafa said teargas shells and rubber bullets can be used but before that warnings should be made through loudspeakers.
Lawyer Sara said six coordinators of the quota reform protests are in custody.
No one can be detained illegally, she said. “No action can be taken beyond legal capacity. It is being said that their family members were able to meet them. But there is no way to know who they [the coordinators] want to meet.”
The court said detentions should be made in a legal process.
“Produce them before the court,” the bench added.
Additional Attorney General Munir said law enforcers did not use excessive force and they abided by the Police Regulations Bengal.
The petitioners must prove whether the law enforcers used excessive force, he said, adding that the petitioners’ lawyers had omitted that the family members of six organisers had met them and said they were well.
Justice Mustafa said, “We ourselves have said that the family members met them.”
The court said the person, who was victimised, should talk about it.
SM Munir said the writ petition was unacceptable because it lacked grounds and it was devoid of facts.
Additional Attorney General Mehedi said the writ petitioners and their lawyers came to the court to protect personal interests.
“They formed a mass inquiry commission. All of those who have come here are members of this commission. They have an ulterior motive. The chairman of the commission is the father [Justice MA Matin, a retired judge of the Appellate Division] of one the petitioners [Manzur-Al-Matin],” he said.
Citing a UN charter on the principles on the use of forces and firearms by the law enforcement, of which Bangladesh is a signatory, he said law enforcers can open fire during a serious offence to lower the damage and save lives.
Lawyer Mehedi said at least three policemen were killed and around 1,200 others were injured.
Fifty-two police personnel were rescued by helicopters from the miscreants, he said, adding that the police have the right to self-defence.
Additional Attorney General Morshed said none of the six coordinators was detained or arrested. Rather, they are kept at the detective branch office for their security. Therefore, the question of bringing them before a court within 24 hours cannot arise.
The right to assembly and gathering is subject to some reasonable restrictions which cannot be challenged in the court, he said.
Sk Morshed said Justice MA Matin, who had issued restrictions on holding gatherings in the Supreme Court premises in 2005, has been chairman of the mass probe commission, although the government has constituted a judicial commission to conduct inquiry into the incidents of deaths in violence and the judicial commission has been working to this effect.
The writ petition is not acceptable, he added.
Senior lawyers Md Nurul Islam Sujan, Azahar Ullah Bhuiyan and Shah Monjurul Hoque told the court that the writ petition had been filed from a misconceived idea, and therefore it should be rejected.