Police have finally filed a case in connection with the October 12 accident caused by an underage driver of a sport utility vehicle in the capital’s Gulshan 2 area.
One of the four victims of the accident sustained critical injuries but the sections of the law that deal with incidents involving such consequences were not used to file the case. Instead, it was filed according to the sections that lead to a lenient sentence.
Asked why the case was not lodged under sections that come with a heavy punishment, police refused to answer.
Officer-in-Charge of Gulshan police station Sirajul Islam and Sub-Inspector Ferdous Ahmed Biswas yesterday said they could not comment on this as they were busy.
Gulshan police lodged the case on Thursday night, a week after the High Court ordered police to do so. The court came up with the order after six lawyers filed a petition on October 21.
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OC Sirajul said police had not yet arrested the accused, Fareez Rahman, and had no precise information on whether he had fled the country. “We are looking for him.”
Dhaka Metropolitan Police Deputy Commissioner (media) Muntasirul Islam said there was a delay in filing the case as police were waiting for the court documents to arrive.
OC Sirajul said SI Ferdous filed the case as none of the four victims of the accident was willing to lodge one.
“It would have happened earlier if any of them was willing to do so,” he said, adding that SI Abu Taher was assigned to carry out the probe.
SI Ferdous told the Dhaka Tribune the case was lodged under three sections - 279, 338(a) and 427.
He also said he could not exactly remember the punishment imposed by the sections. “You better call me tomorrow for the details.”
Supreme Court lawyer barrister Jyotirmoy Barua told the Dhaka Tribune it was a success as the police had eventually filed the case.
Asked about the sections used to lodge the case, he said police could use those sections as none died in the accident.
“But if a victim has sustained critical injuries, the case should have been filed under different sections,” the lawyer remarked.
“There is no reason to think that police have filed a case under some sections and that is the end of it. There could be changes when the charge sheet will be submitted. Even the judge could change the sections if he feels that it is necessary to do so.”
On October 12, Fareez Rahman, son of HBM Zahidur Rahman, caused the accident on Road 74 in Gulshan 2, leaving four people injured. Police said they had found evidence of alcohol in the car.
