Filing of case questioned reasonably

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The Rajshahi court that convicted four university teachers of violating the emergency power rules (EPR) by bringing out a silent procession said in its verdict that questioning the filing of the case against only a few participants is reasonable.

“If the offence is committed for silent procession, then all participants of the procession are guilty of the same crime. So, filing the case against a few of over a hundred participants has been questioned reasonably,” Additional Chief Metropolitan Magistrate Ruhul Amin said in the verdict.

The proceedings of the case, however, will not be illegal, nor will the accused be acquitted on the grounds that all participants were not accused in the case, the magistrate said.

In the judgment delivered last Tuesday, the court mentioned police officers’ negligence in preserving case evidence, but said it will not create obstacles to proceeding with the case.

However, the court neither rebuked the police officers concerned nor recommended that the authorities take action for the failure.

The speedy trial court sentenced four Rajshahi University teachers to two years’ rigorous imprisonment for violating the EPR by participating in a silent procession on August 21 in protest against the previous day’s police attack on Dhaka University (DU) students. It acquitted two RU teachers of the charge.

The court examined submissions of both the sides and the case document. Magistrate Ruhul Amin said the defence counsels had argued that according to the prosecution witnesses’ submission, it is possible to identify 40 people from one photograph and 20 others from another. The case, which was filed on the basis of these photographs, however was not filed against all of them.

No step was also taken to identify all the people in the photographs, he said quoting the submission of the defence lawyers. “The defence counsels’ submission on this issue seems to be appropriate,” he added.

The court observed that examining submissions of the witnesses and case document it was found that processions, act of vandalism and rallies took place in almost all educational institutions, including those in Dhaka and Rajshahi, centring the August 20 unpleasant incident at DU.

“The incident that took place at Rajshahi University was part of the picture at all the educational institutions across the country,” observed the court.

Eminent jurists recently said the verdict was based on “poor” evidence and has raised questions about the caretaker government’s neutrality in enforcing the EPR. Referring to a number of incidents that have taken place violating the emergency rules, they said the government has rather targeted university teachers only for prosecution.

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