Dhaka – The ‘Operation Clean Heart’ victims can file either criminal or civil cases against joint forces’ members seeking redress, the High Court observes.“The Constitution safeguards the rights of all citizens to seek legal remedy. The victims of the Operation Clean Heart can seek redress and file criminal or civil cases against the joint forces’ members,” it said.
The High Court said this in its observation in the full verdict that scrapped the Joint Drive Indemnity Act, 2003 legalising all actions taken place under the ‘Operation Clean Heart’ during the BNP rule.
The court released the full text of the verdict on Monday.
Justice M Moinul Islam Chowdhury, a senior HC judge, wrote the 52-page verdict while Justice M Ashraful Kamal agreed with it.
On September 13 last year, the High Court scrapped the Joint Drive Indemnity Act, 2003 that had legalised all actions taken place under the ‘Operation Clean Heart’ during the BNP rule.
A two-member HC bench, comprising Justice M Moinul Islam Chowdhury and Justice M Ashraful Kamal, passed the order after the final hearing on a public interest litigation filed by Supreme Court lawyer ZI Khan Panna.
The court allowed the victims of ‘Operation Clean Heart’ to file criminal and civil cases against the law enforcers who had been involved in torturing nd killing people during the BNP-Jamaat rule.
The victims can also file cases seeking compensation. The measure has the potential to open another floodgate for filing cases against leaders and activists of BNP and Jamaat.
During the BNP-Jamaat alliance tenure, the then joint forces had carried out countrywide operations codenamed ‘Operation Clean Heart’ from October 16, 2002 to January 9, 2003.
On February 24, 2003, the government passed ‘Joint Drive Indemnity Act, 2003’ in order to give indemnity to all joint forces’ actions.
Later on June 14, 2012, Supreme Court lawyer ZI Khan Panna filed a writ petition with the HC challenging the legality of the indemnity act.
On June 29, the HC, after a primary hearing, issued a rule asking the authorities concerned to explain why the law would not be declared illegal.
The HC also wanted to know as to why a Tk 100 crore fund would not be raised to compensate the victims of the operation. – UNB
