The High Court has stayed transfer of a case from special tribunal to military court filed against army major Nazir Uddin over torturing his wife Dhaka University MBA first-semester student Nusrat Jahan Tushti for dowry.
The HC bench of Justice Mirza Hussain Haider and Justice AKM Zahirul Hoque also stayed the case proceedings as question was raised whether a case filed under Women and Children Repression Prevention Act could be tried in a military court.
The order came on Wednesday after a hearing on a writ petition filed by the victim's father retired Krishi Bank official Md Nurul Islam Bhuiyan on Monday.
His lawyer Aneek R Haque told reporters that Area Commander (Logistics) of Army Headquarter Maj Gen Mizanur Rahman Khan on May 11 sent a letter to the judge of Tangail court, saying that the case against Nazir should be tried in the military court.
In the letter, Maj Gen Mizanur asked the judge of Tangail court, which was trying the case filed by Tushti’s family, to transfer the case to the court martial for its trial, he said.
“The court has issued a rule asking the authorities concerned to explain in two weeks as to why the letter sent by Major General Mizanur should not be declared illegal, he said.
The petitioner challenged the letter's legality saying Court Martial does not have the jurisdiction to try any case which is filed under special acts.
The case was filed with the special court in Tangail on Apr 2 over the incident.
The court in the rule asked defence secretary, law secretary, area commander, chief of army staff, Tangail’s Women and Children Repression Prevention Tribunal judge and advocate general of the Army Headquarters to respond to the rule.
