HC questions power abuse by cops under CrPC

The High Court today questioned the legality of power abuse by police under the relevant section of the Code of Criminal Procedure (CrPC) in calling for the witness of a case.

It issued a rule asking the authorities concerned of the government to explain in two weeks as to they should not be directed to take necessary steps to prevent police from abusing their power under Section 160 of the CrPC.

In response to a writ petition, the HC also summoned Motafizur Rahman Chowdhury, a sub-inspector of detective branch of police in Gazipur, directing him to appear before it on December 4 to explain about a letter issued by him to a businessman over a complaint involving Tk 31.90 lakh.

In the rule, the HC also asked the authorities to explain as to why the letter issued by SI Mostafizur to Ashish Kumar Sharma, managing director of Cactus Packaging, a garments factory in Gazipur,   should not be declared illegal.

The home secretary, inspector general of police, superintendent of police of Gazipur, officer in charge of detective branch of police in Gazipur and SI Mostafizur have been made respondents to the rule.

The bench of Justice Quazi Reza-Ul Hoque and Justice Mohammad Ullah came up with rule and order following a writ petition filed by Ashish Kumar Sharma on November 17 challenging the legality of the letter sent by SI Mostafizur.

Citing from the petition, Ashish's lawyer Uzzal Hossain told The Daily Star that police can call for a witness of a case if it is filed for the interest of investigation under Section 160 of the CrPC.

Police can also call a witness in connection with a general diary under the permission from a magistrate, he said.

The lawyer said police cannot summon any witness if any case is not filed, but SI Mostafizur has summoned Ashish Kumar Sharma before him on November 19 without filing any case or GD against him, which is an abuse of power and unlawful.

SI Mostafizur on November 6 sent a letter to Ashish Kumar Sharma to appear at his office on November 19 in connection with an allegation involving Tk 31.90 lakh from a malafide intention, Advocate Uzzal added.