Dhaka, Nov 12 The High Court on Monday ordered a Metropolitan Sessions Judge and two policemen to appear before it on Nov 26 to explain the Anti-Terrorism Act.
The bench of justices Enayetur Rahim and Md Akram Hossain Chowdhury passed the order after hearing a bail prayer filed by four accused in two cases filed under the Act.
The order came as the lawyers for the accused said the judge took the cases into his cognizance without following the Act properly. They also alleged that two police officers also investigated the cases ignoring the law.
The judge in question is Md Johurul Hoque, while the police officers are Mohammadpur Police Station's Sub-Inspector Kamruzzaman Biswas and Sher-e Banglanagar Police Station's Sub-Inspector Md Nazrul Islam.
"Law was not followed in investigating the cases and taking those into cognizance (of the court)," argued lawyers for the accused as the High Court bench heard bail petition of their clients filed on Oct 18.
The Section 40(1) of the Anti-Terrorism Act makes permission from District Magistrate mandatory for investigators before launching a probe under the law.
The Section 40 (2) says no court could take into cognizance any offence under the law for trial unless there was a prior approval from the government.
According to Kumar Debun Dey, one of the lawyers of the accused, Nur Md Khoka and Shafayat Jamil Shohag, suspected of being members of Hizb ut-Tahrir, were accused in a case on Jun 25 at the Mohammadpur Police Station.
Md Ariful Islam and Md Arif Karim were accused in another case at the Sher-e Banglanagar Police Station on Jun 11 under the Anti-Terrorism act.
"But the law was not followed in probing the cases," he asserted.
Judge Md Jahurul Hoque also did not follow the law in taking charges brought against them under the law into cognizance on Oct 4 and Sep 20.
Attorney General Mahbubey Alam was present at the High Court during the hearing.
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