DHAKA: The High Court Monday asked the government to form a committee to investigate custodial deaths, as a recent HC warning apparently went unheeded.

In the court order the Home Secretary has been given a week to form the committee.  

The HC order came from the bench of justice AHM Shamsuddin Chowdhury and justice Sheikh Mohammad Zakir Hossain following a writ petition filed Monday by Bangladesh Human Rights Foundation chairman Advocate Elina Khan and Human Rights and Peace for Bangladesh general secretary Advocate Asad Uz Zaman.

On June 28, Babul Gazi, a CNG trader of Modhubag under Maghbazar, on July 1, Mizanur Rahman Mizan of Gulshan and on July 2, Mujibur Rahman of Mirpur died in police custody.

Separate cases were filed against the police of Ramna, Gulshan and Darus Salam thanas by the relatives of the deceased.

In the strict instructions the court also forbade incorporation of any member from the police in the probe body.

The court directed recording statements of the relatives and neighbours of the victims during the investigations.

The High Court issued a rule as to why police “should not be brought to book” for death under their custody. The Dhaka Metropolitan Police Commissioner has been asked to reply within three weeks.

The DMP commissioner has been asked to report the steps taken to stop such custodial death and the steps according to penal code within two weeks.

Besides, the court ordered the principal of Dhaka Medical College to submit the three reports of the post-mortem of the dead bodies within three weeks.

On the other hand, the OCs of Gulshan, Darus Salam and Ramna thanas, Gulshan thana sub-inspector Anisur Rahman, Darus Salam thana SI Masudur Rahman, ASI Said, Hekmatullah and Mashiur have been ordered to appear before the court on July 19 and explain the situations of the deaths properly.

The court appointed 11 prominent lawyers as Amicus Curiae for assisting in the hearing. Barrister Rafique ul Haque, Dr. M Zahir, advocate Mahmudul Islam, barrister Rokon Uddin Mahmud, barrister Moudud Ahmed and advocate Baset Majumdar are the big shots among the eleven.

Furthermore, the High Court cautioned the DMP commissioner on making negative comments and expressing doubts on the credibility of the newspaper reports about the deaths published in different dailies. “This could influence the probe into the deaths,” the court said in its observations.

The commissioner, on Saturday, said the three deaths were isolated incidents. ‘The media might also have fabricated this’, he added.
   
The court also made a directive for submitting the reports and editorials published in the dailies on July 7 about the deaths before the court.

Human Rights and Peace for Bangladesh president Advocate Monjil Morshed attended the hearing on this crucial matter of reported custodial deaths that created a stir in various circles.

BDST 2048 HRS, JULY 5, 2010.