Dhaka: After declaring "zero tolerance" against custodial deaths, the High Court now asked the government to explain why it should not be directed to discharge its constitutional duty of protecting peoples life while in custody.

The High Court issued the rule upon the government Thursday in a Gaibandha case of custodial death, and the court asked for closing the 4 police officers accused in the case of death of a young man in custody.

As a further action, the HC asked the government to take departmental actions against the accused cops as per the service rule.

Sajedur Rahman was allegedly killed in police custody on May 21, 2006 at Gaibandha Sadar thana.

The rulings came from the same HC bench that had earlier declared the courts zero-tolerance stance following a Chittagong incident. The strict orders came from the bench comprising justices AHM Shamsuddin Chowdhury Manik and Delwar Hossain.

The law-enforcers in the dock are the then OC of Gaibandha Police Station Nurul Alam, now posted to Osmani Nagar in Sylhet, then sub-inspector of the police station Shahima Haider, now stationed in Lalmonirhat, and constables Dulal Chandra Sarker and Mizanur Rahman.

Seeking a time-bound action, the court directed the Inspector General of police to execute the verdict by June 17 next.

The courts instructions came upon a public-interest litigation filed by Human Rights and Peace for Bangladesh following a report on custodial death published on a Daily on June 2.

Earlier on June 1, another HC bench had rejected a bail petition filed by the four policemen and asked them to surrender before the Sessions Judge`s Court in Gaibandha within eight weeks.

Advocate Manzil Morshed on behalf of the petitioners said, “The accused are still on duty whereas such a murder is a threat to public security as well as violation of service rules.”

The HC bench of justices AHM Shamsuddin Chowdhury Manik and Delwar Hossain on June 1 had warned it would “not tolerate” any more custodial death as the court is oath-bound to protect peoples right to life under the Constitution.

During hearing on another writ petition regarding the Chittagong incident, it also had ordered the attorney-generals office and other officials concerned to be cautious in carrying out the court orders so that no more custodial death takes place.

BDST: 1715 HRS, June 3, 2010
JA/ MMK/SRJ/SMS/MUA