Dear Friends,
The Asian Human Rights Commission (AHRC) has received information that a father and son have been subjected to targeted abuse of the fundamental powers of the judicial system. Following their refusal to meet extortion demand of the police, Mohammad Saleh Ahmed and his son Mohammad Saidul Islam have been implicated in fabricated cases and then detained and harassed even after being granted bail.
CASE NARRATIVE:
Mr. Mohammad Saleh Ahmed is an Assistant Teacher in Khalilur Rahman Government Primary School at Pallabi in Dhaka. His son Mohammad Saidul Islam is a student of First Year of Honours Graduation Degree at the Department of Accounting in Government Bangla College in Mirpur, Dhaka. Their family lives in House 62, Road 23, Block D, Sector 12, under the jurisdiction of Pallabi Police Station in Dhaka.
A police team of the Pallabi Police Station picked up the father from his school and son from their house at around 8:45 AM on 10 December 2015, which happens to be World Human Rights Day. The police detained them to the Pallabi Police Station for the whole day. There were tortured in the custody for bribes. For refusing to pay the demanded amount, the police registered Case Number 28, under Section 15 (3) of Special Powers Act, 1974, and Case Number 29, under Sections 4, 5, and 6 of the Explosive Substances Act, 1908, on the same date. Both the father and son were made the accused in these two cases although this duo had nothing to do with any incident and that this is entirely fabricated from start to finish. The police produced them before the Chief Metropolitan Magistrates’ (CMM) Court of Dhaka on 11 December 2016 and sought remand in the two cases separately. The CMM Court responded to the petitions filed by the police officers to order two days’ police remand in each of the two cases fabricated against the detainees. They were in remand from 12 to 13 December in Case Number 28 and from 14 to 15 December in Case Number 29 respectively. In the both remands the police allegedly tortured them. However, once they were produced before the CMM Court at the end of the remand periods the Magistrate ordered that they be detained in prison. The CMM Court rejected their petition for bail, which contributed to prolong their detention. The Metropolitan Sessions Judges Court of Dhaka also rejected their bail petitions. They remained detained in Kashimpur Jail in Gazipur.
Then after four months of detention, on 13 April 2016, a writ petition seeking bail was heard before a High Court Division Bench comprising Justice Farid Ahmed and Justice K.M. Kamrul Kader. In this hearing, Deputy Attorney General Mohammad Zahangir Alam appeared on behalf of the State to contest the writ petition. Despite strong objections from the Deputy Attorney General the High Court Bench granted bails to Saleh Ahmed and his son Saidul Islam.
However, the Court’s order was not ready on the date when the writ was heard and decided. The following day was a public holiday, being the Bangla New Year day, which was followed by the weekend. So, the duo was not released the day they were granted bail, or the next day.
Later, the High Court’s order was sent to the prison authorities. And, finally, six days after having been granted bail, i.e. on April 19, arrangements for releasing the father and son were ready at the prison.
Suddenly, on April 19, Mrs. Mahmuda Begum, an Advocate-On-Record on behalf of the State, issued a “certificate” stating that the “Government will file a stay petition to challenge the bail order passed by the High Court Division”. The Advocate-On-Record insisted that the prison authorities should not release the two detainees. The prison authority acquiesced and chose not to comply with the High Court order. They illegally kept the father and son detained in prison.
Two weeks later, on May 3, the Attorney General’s Office, filed a Criminal Miscellaneous Petition (Number 428 of 2016) before the Chamber Judge’s Bench of the Appellate Division of the Supreme Court of Bangladesh seeking “stay” of the High Court Bench bail order in relation to Pallabi Police Station Case Number 29, dated 10 December 2015. The Chamber judge heard the petition on May 3, 9, 15, and 16, wherein Deputy Attorney General Dilruzzaman argued on behalf of the State against the bail order passed by the High Court, and Mohammad Ruhul Amin Bhuiyan and Yousuf Ali made submissions on behalf of the detainees. Finally, on 16 May, the Chamber judge passed ‘No Order’ on the matter, which signifies that the detainees should be released as per the bail granted by the High Court Division Bench.
The lawyer of the detained father and son communicated with the prison authorities, submitting a certified copy of Chamber judge ‘No Order’ on May 17. However, even after receiving the Appellate Division’s Order, the prison authority did not release the two detainees.
When the father son duo’s lawyer contacted the prison authorities again, he came to know there had been another intervention on behalf of the government, to keep the duo in detention.
This time, Mrs. Sufia Khatun, an Advocate-On-Record on behalf of the State, sent a communication by issuing a “certificate”, stating that the Government is going to file another Criminal Miscellaneous Petition seeking a “stay” order of the bail granted by the High Court Bench in relation to Pallabi Police Station Case Number 28, dated 10 December 2015, under Section 15 (3) of Special Powers Act, 1974.
In this way, the government has abused the judicial process to deny the release of Saleh and his son Saidul. Attorney General’s Office and the Advocates-On-Record who work with the Government, have been exercising their authority illegally to deny the right to liberty of citizens in Bangladesh. The Kashimpur Jail authorities have been entertaining these illegitimate interventions consecutively to prevent the release of the detainees.
Government has not yet fulfilled this latest threat of filing a petition before the Appellate Division of the Supreme Court of Bangladesh. With there being no petition filed, the bail order is valid. Thus, both detainees have been languishing in prison despite the fact that the High Court Bench has granted bail and the Chamber Judge’s Bench of the Appellate Division has not overturned or stayed the High Court’s order.
ADDITIONAL INFORMATION:
Keeping the detainees in prison since the High Court Division Bench of the Supreme Court of Bangladesh granted bails on 13 April 2016 is illegal and unconstitutional. The Advocate-On-Record is not an entity having any statutory status above the High Court Division, which is an integral part of the Supreme Court of Bangladesh. Once the High Court Division passes an order all the institutions of the country are constitutionally obliged to execute such order immediately. The prison authorities have been not only violating the law of the land but also has been eligible for facing ‘contempt of court proceedings’ for keeping the two detainees in prison. As a matter of fact, such practice of preventing the release of the detainees is adopted and maintained by the instructions of the Office of the Attorney General, which is well known in the communities of lawyers, jurists, and victims of Bangladesh.
The career of school teacher Saleh Ahmed is in jeopardy due to the prolonged detention for almost six months in fabricated criminal cases. Likewise, the career of Saleh’s son Saidul Islam as an under-graduation-course student is at a stake as the academic semesters are being missed for a prolonged period.
The economic condition of the family is in serious hardship while the sole bread-winner of the family has been detained in prison. In addition, the family has been forced to spend a huge amount of money for the fabricated litigations to manage as a ‘curse’ to the family.
SUGGESTED ACTION:
Please write to the Bangladeshi authorities to release the father and son from prison immediately and to stop harassing them. Insist that they should drop the fabricated cases. The perpetrators, including the police, state attorneys, advocates-on-record, and prison officials should be held responsible for the crimes of abusing powers and ‘contempt of court’ for violating the order of the High Court Division.
The AHRC is writing a separate letter to the UN Working Group on Arbitrary Detention and Special Rapporteur on Independence of Judges and Lawyers, calling for their interventions into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ……………….,
BANGLADESH: Police, State Attorneys and Jail officials connive to prolong detention of a school teacher and his son for six months
Name of victims:
1. Mr. Saleh Ahmed, son of late Habibullah Farazi, is an Assistant Teacher in Khalilur Rahman Government Primary School at Pallabi in Dhaka.
2. Mr. Saidul Islam, son of Mohammad Saleh Ahmed, is a student of First Year of Honours Graduation Degree at the Department of Accounting in Government Bangla College in Mirpur, Dhaka.
Residents of Sector 12, Block D, Road 23, House 62, under jurisdiction of Pallabi Police Station, Dhaka.
Names of alleged perpetrators:
1. Police officers of Pallabi Police Station of the Dhaka Metropolitan Police
2. Office of the Attorney General of Bangladesh
3. Advocates-On-Record who work on behalf of the Government of Bangladesh
4. Officials of Kashipur Jail, Gazipur district
Date of incident: From 10 December 2015 to present
Place of incident: Pallabi Police Station, Dhaka
I am writing to voice my deep concern over the prolonged detention of school teacher Mr. Saleh Ahmed and his son Saidul Islam, student of honours graduation degree, in fabricated cases lodged by the Pallabi police and the release of them were prevented by the State attorneys.
The Asian Human Rights Commission has learned that a A police team of the Pallabi Police Station picked up the father from his school and son from their house at around 8:45 AM on 10 December 2015, which happens to be World Human Rights Day. The police detained them to the Pallabi Police Station for the whole day. There were tortured in the custody for bribes. For refusing to pay the demanded amount, the police registered Case Number 28, under Section 15 (3) of Special Powers Act, 1974, and Case Number 29, under Sections 4, 5, and 6 of the Explosive Substances Act, 1908, on the same date. Both the father and son were made the accused in these two cases although this duo had nothing to do with any incident and that this is entirely fabricated from start to finish. The police produced them before the Chief Metropolitan Magistrates’ (CMM) Court of Dhaka on 11 December 2016 and sought remand in the two cases separately. The CMM Court responded to the petitions filed by the police officers to order two days’ police remand in each of the two cases fabricated against the detainees. They were in remand from 12 to 13 December in Case Number 28 and from 14 to 15 December in Case Number 29 respectively. In the both remands the police allegedly tortured them. However, once they were produced before the CMM Court at the end of the remand periods the Magistrate ordered that they be detained in prison. The CMM Court rejected their petition for bail, which contributed to prolong their detention. The Metropolitan Sessions Judges Court of Dhaka also rejected their bail petitions. They remained detained in Kashimpur Jail in Gazipur.
Then after four months of detention, on 13 April 2016, a writ petition seeking bail was heard before a High Court Division Bench comprising Justice Farid Ahmed and Justice K.M. Kamrul Kader. In this hearing, Deputy Attorney General Mohammad Zahangir Alam appeared on behalf of the State to contest the writ petition. Despite strong objections from the Deputy Attorney General the High Court Bench granted bails to Saleh Ahmed and his son Saidul Islam.
Regrettably, the Court’s order was not ready on the date when the writ was heard and decided. The following day was a public holiday, being the Bangla New Year day, which was followed by the weekend. So, the duo was not released the day they were granted bail, or the next day.
Later, the High Court’s order was sent to the prison authorities. And, finally, six days after having been granted bail, i.e. on April 19, arrangements for releasing the father and son were ready at the prison.
Suddenly, on April 19, Mrs. Mahmuda Begum, an Advocate-On-Record on behalf of the State, issued a “certificate” stating that the “Government will file a stay petition to challenge the bail order passed by the High Court Division”. The Advocate-On-Record insisted that the prison authorities should not release the two detainees. The prison authority acquiesced and chose not to comply with the High Court order. They illegally kept the father and son detained in prison.
Two weeks later, on May 3, the Attorney General’s Office, filed a Criminal Miscellaneous Petition (Number 428 of 2016) before the Chamber Judge’s Bench of the Appellate Division of the Supreme Court of Bangladesh seeking “stay” of the High Court Bench bail order in relation to Pallabi Police Station Case Number 29, dated 10 December 2015. The Chamber judge heard the petition on May 3, 9, 15, and 16, wherein Deputy Attorney General Dilruzzaman argued on behalf of the State against the bail order passed by the High Court, and Mohammad Ruhul Amin Bhuiyan and Yousuf Ali made submissions on behalf of the detainees. Finally, on 16 May, the Chamber judge passed ‘No Order’ on the matter, which signifies that the detainees should be released as per the bail granted by the High Court Division Bench.
The lawyer of the detained father and son communicated with the prison authorities, submitting a certified copy of Chamber judge ‘No Order’ on May 17. However, even after receiving the Appellate Division’s Order, the prison authority did not release the two detainees.
When the father son duo’s lawyer contacted the prison authorities again, he came to know there had been another intervention on behalf of the government, to keep the duo in detention.
This time, Mrs. Sufia Khatun, an Advocate-On-Record on behalf of the State, sent a communication by issuing a “certificate”, stating that the Government is going to file another Criminal Miscellaneous Petition seeking a “stay” order of the bail granted by the High Court Bench in relation to Pallabi Police Station Case Number 28, dated 10 December 2015, under Section 15 (3) of Special Powers Act, 1974.
In this way, the government has abused the judicial process to deny the release of Saleh and his son Saidul. Attorney General’s Office and the Advocates-On-Record who work with the Government, have been exercising their authority illegally to deny the right to liberty of citizens in Bangladesh. The Kashimpur Jail authorities have been entertaining these illegitimate interventions consecutively to prevent the release of the detainees.
Government has not yet fulfilled this latest threat of filing a petition before the Appellate Division of the Supreme Court of Bangladesh. With there being no petition filed, the bail order is valid. Thus, both detainees have been languishing in prison despite the fact that the High Court Bench has granted bail and the Chamber Judge’s Bench of the Appellate Division has not overturned or stayed the High Court’s order.
Keeping the detainees in prison since the High Court Division Bench of the Supreme Court of Bangladesh granted bails on 13 April 2016 is illegal and unconstitutional. The Advocate-On-Record is not an entity having any statutory status above the High Court Division, which is an integral part of the Supreme Court of Bangladesh. Once the High Court Division passes an order all the institutions of the country are constitutionally obliged to execute such order immediately. The prison authorities have been not only violating the law of the land but also has been eligible for facing ‘contempt of court proceedings’ for keeping the two detainees in prison. As a matter of fact, such practice of preventing the release of the detainees is adopted and maintained by the instructions of the Office of the Attorney General, which is well known in the communities of lawyers, jurists, and victims of Bangladesh.
The career of school teacher Saleh Ahmed is in jeopardy due to the prolonged detention for almost six months in fabricated criminal cases. Likewise, the career of Saleh’s son Saidul Islam as an under-graduation-course student is at a stake as the academic semesters are being missed for a prolonged period.
The economic condition of the family is in serious hardship while the sole bread-winner of the family has been detained in prison. In addition, the family has been forced to spend a huge amount of money for the fabricated litigations to manage as a ‘curse’ to the family.
The way the Attorney General’s Office and the Advocates-On-Record act in preventing the release of the detainees shockingly expose the realities faced by numerous victims of arbitrary detention in Bangladesh.
I request you and the international experts of human rights, particularly the Special Procedures of the United Nations Human Rights Council, to urgently intervene on this matter so that:
1. The arbitrarily detained father and son are immediately released;
2. The fabricated cases against the detainees are dropped and harassment stopped;
3. The malafide and slavish actions of the Attorneys, working under the Office of the Attorney General and the Advocates-On-Record must be stopped;
4. The perpetrators, including the police officers, the State attorneys, the two Advocates-On-Record, and the officials of Kashimpur Jail should be held responsible for the crimes of abusing their professional identities to deny the right to liberty of people;
5. The perpetrators should be held responsible under ‘contempt of court’ proceedings for violating the order of the High Court Division.
Yours Sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
1. Mr. Md. Abdul Hamid
President of People’s Republic of Bangladesh
President’s Office
Bangabhaban, Dhaka
BANGLADESH
Tel: +880 2 9568041-50
Fax: +88-02-9585502 (Secretary)
Email: president@bangabhaban.gov.bd
2. Mr. Surendra Kumar Sinha
Chief Justice of Bangladesh
Supreme Court of Bangladesh
Dhaka 1000
BANGLADESH
Fax: +880 2 956 5058 /+880 2 7161344
Tel: +880 2 956 2792
E-mail: chief@bdcom.com or supremec@bdcom.com
3. Chairperson
National Human Rights Commission
Gulfeshan Plaza (11th Floor)
8, Sohid Sangbadik Saleena Parvin Sorok
Mogbazar, Dhaka-1217
BANGLADESH
Tel: +880 2 9335513
Fax: +880 2 8333219
E-mail: nhrc.bd@gmail.com
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
