Can RAB arrest anyone without a case: HC seeks explanation

RAB - Rapid Action Battallion. Sony Ramany Nur Photo via Getty Images and Al-Jazeera

Jehangir Hussain 

The High Court Division on Tuesday asked the government to explain whether or not the RAB can arrest someone on the basis of someone's complaint without a case. 

A bench of Justice Farah Mahbub and Justice Ahmed Sohel also wanted to know on whether RAB has the jurisdiction to arrest someone in connection with a case filed under the Digital Security Act. 

The bench issued the orders while hearing a writ petition seeking its order to form a high-level committee to find out the cause of death of Sultana Jasmine of Naogaon, who died in RAB custody on March 24.

The bench also wanted to know whether Sultana Jasmine was interrogated in a respectable place (police station or office) after her arrest and whether RAB’s conduct was lawful till the time she was taken to hospital.

The bench also asked the government to inform it about the cause of death of Sultana Jasmine mentioned in the final autopsy report. 

The bench asked the government to submit by April 15, detailed information on these issues and related  documents and the final report of Sultana Jasmine's autopsy. 

The bench fixed April 5 for the next hearing on the issue.

Supreme Court lawyer Advocate Manoj Kumar Bhowmik filed the writ petition on Tuesday seeking directive to form a high-level committee to find out the cause of the death of Sultana Jasmine. 

Earlier on Monday, in a suo moto move the same bench sought a postmortem report on Sultana Jasmine.

It also wanted to know details of Rab personnel involved in arresting and interrogating Sultana Jasmine, who was an employee of a Naogaon union parishad land office, suffered haemorrhage of the brain after being detained by Rab on March 22. 

In line with the directive, the authorities concerned submitted the autopsy report to the  Attorney General's Office. 

According to the report, Jasmine was not tortured. Rather, she suffered from high blood pressure which eventually led to her death. 

Doctors at Rajshahi Medical College Hospital said Jasmine had an injury on the right side of her head when she was admitted to hospital and the CT scan report revealed there was bleeding in the brain. The deceased’s relatives suspected that she died due to torture in RAB custody, according to the media reports. 

Meanwhile, Bangladesh Legal Aid and Services Trust (Blast) demanded a fair and impartial investigation, to ensure justice and compensation to the victim family. 

According to media reports, family members alleged Jasmine died due to torture in RAB custody, said a press release issued on Tuesday. 

RAB arrested her on Wednesday and detained for questioning in a Digital Security Act case, but the case was filed almost 31 hours after her arrest.

The family members received her body on Saturday. 

In this incident, the prevailing law and High Court directives have been violated by illegally  detaining and interrogating Sultana Jasmine. 

Blast, in this regard, demanded proper implementation of the Torture and Custodial Death (Prevention) Act, 2013 and the repeal of the Digital Security Act, along with security of the victim's family and adequate compensation. 

The National Human Rights Commission (NHRC) on Monday sent a letter to the home ministry asking it to investigate into the death of Sultana Jasmine.

The commission termed her death in Naogaon RAB custody as a serious crime and gross violation of human rights. 

It also asked the authorities concerned to investigate the matter through any other police unit except RAB and also asked to submit a detailed report.

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