The High Court on Tuesday noted that news and footage of the killing and hanging of a policeman during the quota reform movement did not get much publicity.
The bench of Justice Mustafa Zaman Islam and Justice SM Masud Hossain Dolon made the comment during the hearing of a writ petition seeking an order for the law enforcers to refrain from firing on protesters and to release six coordinators of the quote reform movement from the custody of the Detective Branch (DB) of Police.
Barrister Sara Hossain, Advocate ZI Khan Panna, Barrister Aneek R Haque, and Advocate Manzur Al Matin represented the writ petitioners, while additional attorneys general SM Munir, Sheikh Md Morshed, and Barrister Mehedi Hasan Chowdhury represented the state.
Barrister Aneek R Haque said that if the police have to fire, they should aim at the legs. If someone is going for a robbery at night, they can shoot directly in self-defence.
At that point the court said that anything that harms the nation should not be done. All deaths are tragic. “We are ashamed of the violence and death of people during the anti-quota movement.”
Aneek R Haque said that the loss suffered by the nation should not only mean the loss of some buildings and structures, for the loss of life is also a loss for the nation. Earlier, the police used hot water and pepper powder to suppress or disperse protesters.
The court then said tear shells and rubber bullets can also be used.
“You have to issue a warning by using loudspeakers before that. None of us are doing our constitutional duty. The law also states as to when the police can call in the army. The news and pictures of the hanging of the policeman did not get much publicity,” the court added.
Lawyer Sara Hossain told the court that six coordinators have been kept in custody, which is unacceptable. No one can be detained beyond the authority of the law. No action can be taken outside of legal capacity. It is said that their relatives were able to meet them. But there is no way to know who the six coordinators want to meet. That means there is some sort of control over the process.
The court also said that detention should be made by following due process. Either the detainees should be remanded or brought to court.
Additional Attorney General SM Munir said that in situations where a man's life is in danger and he might be killed, that very person should seek shelter. But in this case, the person did not seek shelter.
Barrister Mehedi Hasan said that the writ petitioners have come to protect their personal interests. They have constituted an inquiry commission. All those who have come here are members of this commission. They have different objectives. The chairman of the commission is the father of one of the petitioners. Referring to the United Nations charter, he said Bangladesh had signed it. The decision to open fire has to be made by the law enforcement agency to determine the reality of the situation. It depends on the very situation.
Then Additional Attorney General Sheikh Md Morshed said: “We are inside the court. I will speak from within the law. Don't say anything that will only get media coverage.”
The court then said that the matter needs to be taken care of by all parties as to whether the police have detained the six coordinators in light of the current situation in the country.
Morshed then said that in the current situation in the country, the law enforcement agencies have to decide who they want to keep and how.
He also said that the Supreme Court has made some observations in the verdict pronounced by the Appellate Division on quota. The court expressed hope that the inquiry commission which has been constituted will investigate every single death. Despite this, a public inquiry commission has also been formed.
Regarding the right to assembly, he said that the right to assembly has been subject to legal restrictions. There is no evidence of the use of force by the law enforcement agencies.
At one point, the court said, all matters are specified in the constitution and law. But none are following the constitution or the law.
Later, the court fixed Wednesday for the next hearing and order in the writ.
Earlier, on Monday, Supreme Court lawyers Manzur Al Matin and Aynun Nahar Siddika filed a writ petition seeking the immediate release of the six coordinators of the Anti-discrimination Student Movement from DB custody and an order to prevent firing on protesters nationwide.
The petition named the Cabinet Secretary, Secretary to the Ministry of Home Affairs, Inspector General of Police, Chief of Army Staff, and other relevant parties as respondents.
