A 12-year-old child was falsely implicated in the murder of his brother by the SI
The High Court on Monday ordered that Bora Sub-Inspector Nayan Kumar is barred from investigating any case as he falsely implicated a 12-year-old child in the murder of his brother in Sariakandi in 2015.
The order will remain effective until the disposal of the murder case.
The bench of Justice Jahangir Hossain Selim and Md Atwar Rahman passed the order during a hearing and said it will remain in force until the petition to review the accuracy and legality of the case is pending with the court.
The court also asked the incumbent investigation officer of the case, Natore Crime Investigation Department (CID) Inspector Md Mansur Ali, to submit the medical report, the recorded statement under section 164 of the penal code, and a photocopy of the court order within September 27.
Advocate Shishir Monir presented the petitioner's side during the hearing while Deputy Attorney General Md Sarwar Hossain Bappy stood for the state.
On June 11, five Supreme Court lawyers filed a writ petition at the High Court challenging the juvenile court’s actions in this case attaching a news report on the issue.
Following the appeal, the court ordered the first IO, SI Nayan Kumar, and current Investigation Officer Md Mansur Ali to be present before the court with the case documents.
On August 22, both the officers appeared before the court and SI Nayan submitted an application seeking apologies for his mistake in the investigation.
The court then set the date of the next hearing on the petition on September 6, Monday when the court noted that "what IS Nayan did was a crime, it was not a mistake out of negligence.”
On August 25, 2015, following the death of his eight-year-old son Mahidul Islam filed a case with the Sariakandi police station.
On November 29, police took Mahidul’s 12-year-old son to the police station for questioning and he was produced before Bogra Senior Judicial Magistrate’s Court on November 30.
Petitioner’s elder son in court confessed he killed his younger brother out of jealousy and the court granted him bail as he was a minor.
But as a suspect, the child had to appear before the court during every following hearing on the case.
Later SI Nayan submitted a charge sheet of the murder case showing the 12-year brother as the main accused.
The case was transferred to the Police Bureau of Investigation (PBI) in 2017 when Mahidul Islam gave a no-confidence petition in the charge sheet.
After four years, the PBI declared the child’s innocence and arrested two other people as accused.
Current Investigation Officer of the case Mansur Ali then exempted the child from the charge and filed a new charge sheet against the two arrestees.