Manipulating FIR by ex-Puthia OC undoubtedly grave offence: HC

The High Court today observed that the allegation against Shakil Uddin Ahamed, former officer-in-charge of Puthia Police Station in Rajshahi, of manipulating first information report (FIR) of labour leader Nurul Islam murder case is undoubtedly grave and a punitive offence under Sections 166 and 167 of the Penal Code.

Delivering verdict on a writ petition, the court said the two sections of the Penal Code are scheduled in the Anti-Corruption Commission (ACC) Act.

It directed the chief judicial magistrate (CJM) of Rajshahi, who conducted a judicial inquiry into the allegation, to send the probe report along with relevant documents and statements of the witnesses to the ACC.

It ordered the ACC to initiate the next course of action based on the judicial inquiry report the under the Anti-Corruption Commission Act, 2004 and the Anti-Corruption Commission Rules, 2007 after receiving the documents from the chief judicial magistrate.

Rajshahi’s CJM Md Mehedi Hasan Talukder has submitted the probe report to the HC last month, saying that the inquiry has found five police officials, including three additional superintendents of Rajshahi police and OC Shakil Uddin, responsible in the manipulation of the FIR.

The officials are additional superintendents of police Md Mahmudul Hasan (administration and crimes), M Matiur Rahman (DSB) and Md Abul Kalam Saahid (Puthia circle); Inspector Mohinul Islam (investigation); and the then OC of Puthia Police Station Shakil Uddin Ahamed.

Today, the HC directed the investigation officer concerned to immediately transfer the Nurul Islam murder case to the Police Bureau of Investigation (PBI) for running its investigation activities.

The HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman expected that PBI chief Deputy Inspector General (DIG) of Police Banaj Kumar Majumder will play a special role in supervising the investigation of the case.

The bench came up with the verdict following a writ petition filed by Nurul Islam’s daughter Nigar Sultana challenging the alleged manipulation of the FIR of the murder case in Rajshahi.

The court asked the inspector general of police (IGP) to take departmental action against OC Shakil Uddin Ahamed after conducting enquiry into the allegations brought against him, saying that the informant (Nigar Sultana), and multiple people including his subordinate police personnel even his mother-in-law (wife’s mother) have lodged different allegations to the IGP.

“While conducting daily judicial proceedings we are very often noticing that various allegations are brought against law enforcers including local police officers at different and the victims lodge written complaints with the office of inspector general of police. But, the allegations are not disposed of quickly,” the HC judges said.

The HC bench hoped that the IGP will take necessary effective steps to this effect and the court also believed that the IGP will make the functions of “IGP Complaints Monitoring Cell” more effective and speedy.        

The court observed that the police administration of Rajshahi has shown irresponsibility and violated the law by publishing the disputed confessional statement of a child arrested in connection with the case through issuing a press release to the media.

It ordered the IGP to take necessary measures in this issue through holding a departmental inquiry.

The HC also directed the Rajshahi police administration to provide necessary security to the informant of Nurul Islam murder case, his family members, witnesses of the case and its conducting lawyers.

According to the writ petition, an election to Puthia Motor Sramik Union was held on April 24 this year and Nurul Islam contested the election for the post of general secretary.

The following day, the results of the poll showed that Abdur Rahman Patal was elected general secretary of the Sramik Union.

Nurul filed a case with a Rajshahi court on June 9 claiming that he bagged 602 votes against Patal’s 520, but the latter was declared elected illegally.

The court on the same day issued an injunction, restricting Patal and three others from taking up the posts of the Sramik Union. The order was imposed on them on June 10.

Nurul went missing around 8:00 pm that day and his body was recovered from SS Brick Field the following day.

Nurul’s daughter Nigar Sultana filed a murder case on June 11 against eight people, including Patal.

In the FIR of the case, she alleged that the then OC Shakil Uddin Ahamed was involved in manipulating the election results in favour of Patal.

Police later submitted an FIR of the murder case to the trial court in Rajshahi, dropping the names of the eight accused.

On September 16, the HC bench led by Justice M Enayetur Rahim directed the CJM of Rajshahi to conduct an enquiry into the alleged manipulation of the FIR by Shakil following the same writ petition. It also issued a rule asking the government to explain as to why Shakil should not be suspended for manipulating the FIR. The same day, OC Shakil was suspended.