Case Number: Criminal Miscellaneous Case No. 24727 of 2009

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Date of filing: 2009/11/17

Petitioners

State

Respondents

1.   Major Kazi Wahiduzzaman
2.   Lieutenant Hasan
3.   Director General (DG) of RAB
4.   Secretary, Ministry of Home Affairs

Facts

On 17.11.2009, a High Court Division Bench relying on newspaper reports of two persons having been allegedly killed by Rapid Action Batallion (RAB) personnel, directed Major KaziWahiduzzaman and Lieutenant Hasan, respectively of RAB-3 and RAB-8, the Director General (DG) of RAB and the Secretary, Ministry of Home Affairs (MoHA) to show cause as to why appropriate action should not be taken against the concerned RAB officials. The news reports had stated that two men, Lutfor Rahman and his younger brother, KhairulHaque, were arrested by the RAB on 13.11.2009 and killed in a ‘shootout’ with RAB in Shirkhara village under SadarUpazila, Madaripur District, on 16.11. 2009. In a counter-affidavit submitted by Md. AbdusSattar Miah, Law Officer, RAB Forces Headquarters, dated 17.11.2009 and filed on behalf of Lt. Hasan, the DG of RAB and the Secretary of MoHA, it was stated that there is no one by the name of Major KaziWahiduzzaman serving in RAB-3 and RAB-8; that the two newspaper reports on the basis of which the Rule had been issued were baseless, false and motivated; and that no operation as alleged was conducted in the territorial jurisdiction of RAB-3 and RAB-8. It was also submitted that the High Court’s Rule may frustrate the investigation process of the criminal case and the Rule is anot maintainable. BLAST and Ain o Salish Kendra separately appeared as intervenors in this petition and submitted affidavits.

Rule/Order/Judgment

Date: 15/12/2009

Details

The High Court briefly heard the state and the two human rights groups, including BLAST, and on the Attorney General’s request, the matter was adjourned for hearing until 09.01.2010. The Court expressed its concern that as many as eleven incidents of ‘extra-judicial killings’ had taken place in the country in the twenty-six days since it issued the Suo Moto rule, and requested the AG to take an initiative to ensure that no such killings take place till the next hearing.

Justices

Mr. Justice A.F.M AbdurRahman

Mr. Justice Emdadul Huq Azad

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Area of law

Life,
Safeguards on Arrest,
Freedom from torture,
Fair Trial,
Access to Justice,
Accountability and Institutional Reform

Keywords

Extra-Judicial Killings

Relevant statute

Constitution, Articles 31, 32, 33 and 35,

International Covenant on Civil and Political Rights (ICCPR);

Convention against Cruel, Inhuman and Degrading Treatment or Punishment (CAT)