Dhaka, Aug 29 – After giving warning the Superintendent of Barguna police for media briefing of a sensational murder case, the High Court yesterday directed the government to formulate a guideline on how much statement the law enforcers could make on the investigation of the cases. It 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 her husband Rifat Sharif murder case.
During the deliberation of the judgement, the HC bench observed that the SP of Barguna in a briefing had told the media that Minni confessed to her guilt when she was on remand, which was not only un-called for and unexpected but also contradictory to ensure the justice and conducting neutral and fair investigation.
Whatsoever the circumstance and reality, the responsible persons like Barguna SP delivering such statement before completion of the investigation has raised question among the people, which is very unfortunate and frustrated. The SP briefing has also questioned his professionalism and responsibility. Such type of statement is not acceptable from the top tanking police officer like Barguna SP, the HC bench observed.
The HC expected that the top ranking police like Barguna SP would remain more careful in discharging duty in the future.
However, the HC bench said that it refrained from taking final decision over the Barguna SP issue as the case is now under investigation. But, after taking the matter under consideration, the Inspector General of Police (IGP) will take necessary measures in this regard.
The HC bench also observed that law enforcer agencies including police and Rapid Action Battalion (RAB) produced the arrested accused persons before the media and briefed the media about the arrestee investigation of the cases before completion of the investigation.
Although there is a court’s verdict relating to the matter, the law enforcers’ agencies produced the suspected arrested persons or accused persons before media and briefed about the arrestee and investigation of the cases without following any rules and regulation, which raised many questions.
The HC bench also said that many police officers have also been seen to become over enthusiastic to talk to the media about the investigation into the case.
“We should all remember that a person cannot be referred to as a criminal until the person is proven guilty based on evidence. Hence, during the investigation and trial stage everyone should refrain from making such statement that the accused person is guilty before completion of his/her trial proceedings of the cases,” the HC bench observed.
Regarding the condition of Minni’s bail, the HC bench stipulated that the 19-year-old Minni must remain in the custody of her father Mozammel Hossain Kishore. She 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 and said Minni’s name was not included in the FIR (First Information Report) of the case and the investigation is nearing completion. So, there is no chance for Minni to influence into the investigation of the case, the HC bench said.
However, the prosecution lawyer said that they have decided to file appeal against the High Court order that granted bail to Minni in her husband murder case.
On the other hand, the defence lawyer and Minni’s father expressed satisfaction over the HC order saying that they were happy with the HC order as it ensured justice for Minni.
Reacting to the court’s decision, Minni’s father Kishore who was at the hearing, said, “Justice has been served. The plot against her will end too.”
Deputy Attorney General Sarowar Hossain Bappi said that the government would file appeal with the apex court against the HC decision.
During yesterday’s proceedings, Minni’s 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 shown arrested in the case.
On August 28, the HC 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 issued the rule and asked the investigation officer of the case to appear before it on the next hearing day with the case documents.
On June 26, Rifat Sharif, 22, was attacked with sharp weapons near the main gate of Barguna Government College. Minni appeared to be trying to protect him during the attack.
Rifat was hacked to death on June 26 in the broad daylight on a Barguna road. Minni’s desperate attempt to save her husband went viral on social media. The following day, Refat’s 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 superintendent’s 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 in court on the third day of the remand, said police.
Police have so far arrested 16 people over the murder. Besides, main accused Sabbir Ahmed alias Nayon Bond was killed in a reported gunfight with law enforcers on July 2.
Minni moved before the High Court for bail on August 5, after she was denied bail twice by the Barguna Senior Judicial Magistrate’s Court and the District and Sessions Judge’s Court.
On July 31, Minni filed a petition with a Barguna court seeking withdrawal of her confessional statement over the murder. – Staff Reporter
