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Fugitive in journalist torture case, Nazim Uddin gets new posting

According to legal experts, it is completely illegal to appoint an absconding accused as a UNO

Update : 08 Sep 2024, 10:41 AM

The then Revenue Deputy Collector (RDC) of Kurigram district administration, Nazim Uddin, who tortured local journalist Ariful Islam Regan by breaking the door of his house at midnight in 2020, has been posted as the Upazila Nirbahi Officer (UNO) of Kishoreganj’s Itna.

Senior Assistant Commissioner Kawser Hamid of the Dhaka Divisional Commissioner's Office issued a notification confirming Nazim’s new posting. The notification has also been published on the office’s website.

According to legal experts, it is completely illegal to appoint an absconding accused as a UNO. Such a decision amounts to contempt of court.

Arif's lawyer Azizur Rahman Dulu said: "Despite the criminal case and the High Court's ruling against him (Nazim), a posting like this goes against the law and related rules. It is certain that the Ministry of Public Administration, in connivance with the accused, has secretly posted the information of the criminal case to the government. We will bring the matter to the attention of the court.”

Contacted, Dhaka Divisional Commissioner Md Sabirul Islam said: "I did not know about the pending case or the writ petition against him (Nazim). His appointment or removal as UNO is a matter under the jurisdiction of the Ministry of Public Administration. Now the ministry has the power to withdraw.”

He added that he would not have given him the posting, had he known about the incident of torture of the journalist.

On March 13, 2020, some magistrates and Ansar members took away journalist Arif by breaking the door of his bedroom after publishing the news about the naming of the government pond after the then Deputy Commissioner of Kurigram, Sultana Parveen.

Arif was beaten while being taken to the car. They took him to the banks of the Dharla River for crossfire. From there, he was taken to the District Commissioner's office and tortured after being stripped off.

A non-smoker, Arif was accused of possessing half a bottle of alcohol and 150 grams of cannabis in his house and was sentenced to one year imprisonment and a fine of Tk50,000 through a mobile court in the dead of night.

However, when Arif was released on bail the following day, the whole country burst into anger, with condemnations pouring in from journalists’ groups and human rights organizations.

Later, the Ministry of Public Administration withdrew Sultana Parveen, RDC Nazim Uddin, NDC Rahatul Islam and Executive Magistrate Rintu Bikas Chakma. Departmental proceedings were also initiated against them. After the allegations were proved, the ministry decided to suspend Sultana Parveen's increment for two years, reduce Rahatul Islam's three increments, demote Nazim Uddin and dismiss Rintu Bikash Chakma. However, they have remained in service with official immunity from the President.

Arif later filed a complaint against the four officials with Kurigram Sadar police station. On March 31, a case was filed against the four on charges of attempted murder and torture at the order of the High Court.

The case is currently under investigation by the Rangpur Police Bureau of Investigation (PBI). In the last four years, none of the accused even surrendered in court or sought bail. Instead, the ministry posted each of them in different responsibilities, disregarding the court order.

In protest against the postings even with a criminal case pending, Arif's lawyer issued a legal notice. After not getting any reply to the notice, Arif filed a writ petition with the High Court on August 23, 2021.

Arif's lawyers say, since the four accused have not yet taken bail in the case, they are still fugitives in the eyes of the law. One of the accused, the then NDC Rahatul Islam, was given posting illegally instead of dismissing him from service.

On September 26, the High Court then issued a ruling asking as to why the posting given to Rahatul Islam should not be declared illegal because of the criminal case. At the same time, the court also issued a ruling asking why the ministry should not be ordered to refrain from posting the four. But the ministry did not respond to the ruling and ignored the court order while posting the four accused one by one.

At that time, Nazim Uddin was posted as the Chief Executive Officer of Satkhira Municipality.

On July 24, 2022, the Local Government and Rural Development Ministry launched a probe against Nazim Uddin on charges of irregularities, improper behavior with employees, threatening people with crossfires or jail terms, threatening employees with firings, bribery, carrying and consuming drugs in the government car, and taking unapproved holidays, on the orders of the Cabinet Division.

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