Although a High Court Division issued a rule two years back over the formation of an independent commission to investigate the complaints against the law enforcement agencies members, but the final hearing is yet to take place.
Refereeing to many cases, lawyers concerned opined that in sometimes the probe body of law enforcers do not find its members guilty against the complaints, but later the judicial investigation fiund the truth.
There are many such cases. Therefore, if there is an independent commission of inquiry, time will be saved on the one hand, and the victims will also get justice on the other hand. Hence, an independent commission should be formed in line with the High Court order, they suggested.
Earlier on November 27 in 2021, in response to a writ petition, the then HC bench comprising Justice Md Mozibur Rahman Miah and Justice Md Kamrul Hossain Mollah issued a rule asking the authorities concerned why an independent commission should not be formed for fair investigation into the allegations of crimes against the law enforcers.
A total of 102 Supreme Court lawyers had on 29 February in 2021 jointly filed the writ petition as Public Interest Litigation (PIL) with the HC seeking its directive in this regard.
Advocate Mohammad Shishir Manir, counsel for the writ petitioners, said that many countries, including India, Pakistan, Malaysia, Australia, Canada and many counties of the United Kingdom formed such commission as per the requirement of seven international UN conventions. Bangladesh is among the signatories to the conventions.
He also said that an independent commission was constituted in 16 provinces of India following the directive of the Supreme Court while such commission was formed in 11 provinces of India on an executive order from the government.
According to the petition, a total of 584 complaints against the members of law enforcement agencies were published in various newspapers in three years from January 2017 to June 2021.
The alleged crimes included 93 deaths in custody, of which 63 deaths were in the crossfire and 30 others in torture.
Other allegations of the reported crimes of the law enforcers included 21 allegations of tortures, 11 enforced disappearances, 48 beatings and intimidations, 27 rapes and stalking, 18 muggings and robberies, 67 extortions and briberies, 16 land grabbing, 37 drug peddling, 22 narcotics trading, 22 denials of recording cases and pressurising to withdraw cases, 32 harassment by filing false cases, 29 negligence of investigations, 33 torture of journalists, 12 harbouring criminals, 12 negligence of duty and 7 business of appointments, according to the petition.
When asked about the final hearing on the rule, Shishir informed that they are trying for the final hearing on the rule.
Attorney General AM Amin Uddin said that many members of law enforcement agencies have been punished for misconducts through the departmental mechanism of the police in the last few years.
The chief law officer of the state said that the state would give its explanation during the final hearing on the rule issued by it in this regard.
Former chairman of National Human Rights Commission Mizanur Rahman said that since ancient times, the general principle of law is that one cannot sit on the judges seat for ones own trial.
For many years we have been talking about an independent commission of inquiry. This commission should be placed under the Supreme Court. An independent commission is necessary in the interest of justice.
Jyotirmoy Barua, a Supreme Court lawyer working on human rights, said that it is not right for the police to investigate a complaint against a law enforcement officer.
For this reason, it would be reasonable not to investigate the allegations of criminal offenses against members of the police and other law enforcement agencies themselves.
A separate commission is required for that. He said, many countries have separate commissions. There should be a law to make such a commission in the country. The High Courts ruling needs to be settled quickly.
