�Torture of wife by army officer�
HC says no to transfer of case to military court
The High Court yesterday stayed the move to transfer a case filed against Major Nazir Uddin, accused of torturing his wife Nasrat Jahan Tusti, to a military court from a special tribunal.
In response to a writ petition filed by the father of the victim, a student of Dhaka University, the HC bench, comprising of Justice Mirza Hossain Haider and Justice AKM Zahirul Haque, also stayed the proceedings of the case on grounds whether the case, filed under the Women and Children Repression Prevention Act, could be tried in a military court.
The court also stayed the effectiveness of a letter issued by the army headquarters, instructing the Women and Children Repression Prevention Tribunal in Tangail to send the documents of the case to the martial court for trial.
In a letter on May 11, Area Commander (logistics) of the army headquarters, Major General Mizanur Rahman Khan, requested the judge of the Tangail court to send the case documents to the army headquarters, as the trial should be held against Nazir in the military court because he is an army officer.
The HC bench also issued a rule, instructing the authorities concerned to explain in two weeks why the letter sent by Mizanur should not be declared illegal.
It also stayed proceedings in the case and effectiveness of the letter till disposal of the rule.
Secretaries to the ministries of defence and law, the Area Commander (logistics) of the army headquarters, the Chief of the Army Staff, the judge of Women and Children Repression Prevention Tribunal of Tangail and the judge advocate general of the army headquarters have been made respondents to reply to the rule within two weeks.
The victims father filed the petition before the HC, challenging the legality of the army officers letter.
Later, advocate Aneek R Haque, counsel for the petitioner, told reporters that the court came up with the order for raising the question as to whether the torture case can proceed in the martial court.
The trial proceedings have been stayed until the issue is resolved, he added.
He said that after holding a hearing on the rule, the HC will decide which court will try the case against Maj Gen Nazir Uddin. He may be sentenced to three years in jail, if the allegation against him is proved before the Tangail court. But he will be sentenced to only one year in prison if the allegation is proved before the army court, Aneek said.
