No media briefing before probe completion
HC asks govt to formulate guideline for law enforcers
STAFF REPORTER, Dhaka
The High Court (HC) yesterday directed the government to formulate a guideline to fix how much law enforcers should be allowed to reveal to the media about cases under investigation. It also asked the home secretary and the Inspector General of Police (IGP) to formulate the guideline over the matter.
The HC bench, comprising Justice M Enayetur Rahim and Justice Md Mostafizur Rahman, came up with the directive while granting conditional bail to Ayesha Siddika Minni in connection with the Rifat Sharif murder case. During the deliberation of the judgment, the HC bench
observed that the police super of Barguna in a briefing had told the media that Minni confessed to her guilt when she was on remand. It described the action as not only un-called for and unexpected, but also contradictory to ensuring justice through a fair investigation.
Irrespective of the circumstance and reality, the Barguna SPs statement before completion of the investigation is very unfortunate. This has also raised doubts over his professionalism and responsibility. Such statements are not acceptable from a top police officer, said the HC bench.
The HC also said senior police officers should remain more careful about discharging their duty in future.
However, the court said that it refrained from taking the final decision over the Barguna SPs statement as the case was now under investigation. But the inspector general of Police (IGP) will consider the matter and take necessary steps, it added.
The HC bench observed that law enforcement agencies, including police and Rapid Action Battalion (RAB), often produced arrested persons before the media before completion of the investigation. Although there is a courts verdict relating to the matter, such agencies often flout the rules and regulation in this regard, thereby raising many questions regarding their accountability, it stated.
The HC bench also said that many police officers were overenthusiastic about talking to the media about cases under investigation. We should all remember that a person cannot be referred to as a criminal until that person is proven guilty based on evidence. Hence, everyone should refrain from saying that the accused person is guilty before completion of the trial proceedings of the cases, the HC bench observed.
Regarding the condition of Minnis bail, the HC bench stipulated that the 19-year-old Minni must remain in the custody of her father, Mozammel Hossain Kishore. She is also barred from speaking to the media. If the petitioner violates the condition, bail will be cancelled, according to the HC order.
The HC bench granted the bail considering different issues. It said Minnis name was not included in the FIR of the case and the investigation was nearing completion. So, there is no chance for Minni to influence the investigation of the case, it noted.
However, the prosecution lawyer said that they had decided to file an appeal against the High Court (HC) order to grant bail to Minni.
But the defence lawyer and Minnis father expressed satisfaction over the HC order.
Reacting to the courts decision, Minnis father said: Justice has been served. The plot against her will end too.
Deputy attorney general Sarowar Hossain Bappi said that the government would file ab appeal with the apex court against the HC decision.
During yesterdays proceedings, Minnis lawyer, ZI Khan Panna, told the court that Minni was kept detained by police for a long time and had no lawyer to represent her when she was produced before the lower court after being shown arrested in the case.
On August 28, the HC had fixed yesterday to deliver its judgment on a rule asking the government to explain why Ayesha Siddika Minni should not be granted bail in a case filed over the murder of her husband Rifat Sharif. On August 20, the HC had issued the rule and asked the investigating officer of the case to appear before it on the next hearing day with the case documents.
On June 26, Rifat Sharif, 22, was hacked to death near the main gate of Barguna Government College. His wife, Minni, appeared to be trying to protect him during the attack. Minnis desperate attempt to save her husband went viral on social media.
The following day, Refats father, Dulal Shorif, accused 12 people in a case over the murder. The case took a new turn after Dulal pointed the finger at Minni, his daughter-in-law. Minni was interrogated at the Barguna police superintendents office before being arrested on July 16, as initial evidence pointed to her involvement in the much-publicised murder of Refat, according to SP Maruf Hossain.
The court issued a five-day remand order for Minni. She gave a confessional statement after she was produced before the court on the third day of the remand, according to police sources.
The police have so far arrested 16 people over the murder. Besides, the main accused, Sabbir Ahmed alias Nayon Bond, was killed in a reported gunfight with law enforcers on July 2.
Minni moved the HC for bail on August 5, after she was denied bail twice by the Barguna senior judicial magistrates court and the district and sessions judges court. On July 31, Minni filed a petition with a Barguna court seeking withdrawal of her confessional statement over the murder.
