The High Court has asked the government and police to explain their inaction against a 16-year-old boy who injured four people by hitting them with an SUV he was driving on October 12.
The vacation bench of Justice Sheikh Hassan Arif and Justice Iqbal Kabir gave them two weeks time to answer to the ruling, and asked why the respondents’ inaction should not be considered unlawful.
The bench also warned the respondents to take legal action against the offenders – the driver and the owner of the car; otherwise the court will order to initiate action against the police officials.
The court made the ruling after hearing a public interest litigation writ filed by six Supreme Court lawyers on Monday.
The petitioners are Omar Farouq, KH Bahar Rumy, Mahfuz-Bin-Yousuf, Shamim Ara, Najmul Khondaker Nazmul Ahsan, SM Aslam. All except Farouq are Supreme Court advocates. They were represented by lawyer Anik R Rahman at the court yesterday.
The secretary of Home Ministry, the inspector general of police, Dhaka Metropolitan Police commissioner, DMP additional commissioner (traffic), DMP additional commissioner (investigation) and officer-in-charge of Gulshan police have been made respondents in the petition.
The court further sought explanation on why departmental actions should not be taken against the Gulshan OC for his inaction after the incident. It also ordered to explain why an investigation would not be carried out into the October 12 accident.
Barrister Jyotirmoy Barua, who also stood for the petitioners, told the Dhaka Tribune that they had prayed for two rulings and a directives from the court. They court gave both the rulings but did not give any directive.
He, however, pointed out that technically it could be said that the directive had already been given as according to Motor Vehicle Ordinance 1983, a case for any accident including racing can be filed within 21 days of the accident. As seven days had already passed, the case could still be filed within the next 14 days, Jyotirmoy added.
On October 12, the teenager – whose name is being withheld for his status as a minor – rammed the SUV he was driving into two rickshaws, injuring four people on Gulshan Road 74. The teen, a nephew of former Awami League lawmaker HBM Iqbal, was allegedly drunk at the time.
The boy was handed to his family without any case being filed against him. Police said the victims have provided written documents saying they would not press charges.
But one of the victims, Lisa Dibra, told the Dhaka Tribune yesterday that she did not sign any such document. Dibra added that she had left hospital as soon as her post-accident primary treatment was over.
However, other victims of the accident earlier told the Dhaka Tribune that they were unwilling to pursue any case as the offender’s family has already compensated them along with paying their medical bills.
As of filing this report at 9pm, no case has been filed with Gulshan police station in this regard.
