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Case Study




Case-(3): Misinterpretation of Fatwa And murder of Hafsa by Dorra (Whipping) - The case proceeded in the lower court.


In the mid night of 9th October 1996, Sheema Choudhury was raped in the room of the officer in charge of the Rauzan police station in Chittagong. Sheema died on 17th February 1997 in the safe custody of the police station. An FIR was lodged in 1997 against the rape case where all the accused were acquitted. Honourable judge of the respective court described the reasons of the acquittal of the accused through a long judgement. In the judgement he point out about the role of the investigation officer, complainant, and the witnesses. It was transparent that the accused were supported by the prosecution. The matter came to the public through different news papers and was much highlighted.
Based on the judgement of the court, Advocate Alena Khan filed a case of hiding evidence and improper investigation, against the police officer who lodged the FIR, the investigation officer and those three accused police officers. When she went to the Chittagong court to give her statement, she was threatened to death by the accused party. Advocate Alena Khan then applied to the Honourable High Court Division to transfer the case from Chittagong Sessions Court. After hearing of the case, Honourable High Court division ordered for the transfer of the case from the Chittagong Sessions Court to Cummilla, under special case no. 19/ 05.
The 3rd accused of the case OC Shirajul Islam, of Rauzan Thana of that time was discharged from all charges against him from the Sessions Court through obtaining special permission from the Prime Minister’s office on 23/06/02. Advocate Alena Khan filed a criminal revision against the order of the court under criminal revision no. 32/07.
The Honourable High Court Division observed that, all the procedures of the case no. 19/05 shall remain adjourned, until a rule is not issued for the revision. Advocate Alena Khan was appointed as the special Public Prosecutor of that case in Cummilla, where Advocate Zia Habib Ahsan and Advocate Nazmul Alam Choudhury were appointed as the Additional Public Prosecutor. It was for the first time in Bangladesh that any human rights activist was appointed as the government prosecutor. The case is still at trial stage.



Case-(4): Nilufa was raped on 16 years old and burnt to death with her pregnancy


Introduction:

“Nilufa”, a sixteen year old girl from Matail court, south thana of Kummilla district, was a student of class eight. Neighbor Abu Taleb (35), the father of two children had his filthy eyes on Nilufa for a long time and took her advantages several times by deceiving her and raped her in different occasions. At one time Nilufa became pregnant. And when the pregnancy became noticeable by people, she stopped going to the school out of embarrassment and stayed home instead. In the mean time seven months of pregnancy has passed and gradually more people came to know about the matter. Hence Abu Taleb got afraid and decided put an end to all the facts in relation to it. As a consequence of his conspiracy, on 23rd January 2011 in the evening Mr. Abu Taleb with the help of Hosna begum who used to be a neighbor aunt of Nilufa, called her out of the house alone, and set her on fire by pouring kerosene on all over her body.
Later on with, 75% burn and a much slain chance of survival, Nilufa was admitted to the burn unit of Kummilla Sadar hospital. On 24/01/2011 when Nilufa’s father Mr. Selim Miah, went to lodge an FIR at the Shadar thana of Kummilla, the officer in charge of the thana filed the case under section 5(ka), (kha) and 7 of the Acid Offence act 2003, instead of filing the case under Nari-O-Shishu Nirjaton Daman Ain 2000. Hence there left a chance for the accused to get discharged from the case. Reading the news in the Daily Star news paper, Advocate Alena Khan, Chairperson and Chief Executive of Bangladesh Human Rights Foundation (BHRF), sent Advocate Mahmuda Akter, program officer (PO) of the organization to the hospital, Nilufa’s (16) statement, and was recorded in presence of Dhaka Metropolitan Magistrate Mr. Ismail Hossain, and duty doctor of the burn unit of Dhaka medical collage Dr. Enayet Kabir.
Advocate Alena Khan, Chairperson and Chief Executive of Bangladesh Human Rights Foundation (BHRF), filed a writ petition at the Honorable High Court Division, under writ petition no1234/2011, for filing a case under wrong section and Act. After the hearing of the petition, a bench of the High Court Division comprising of Honorable Justice Iman Ali and Justice Sheikh Hassan Abid ordered the investigating officer Mr. Jahangir Alam and the officer in charge of Kumilla Shadar Thana to appear before the honorable court and answer to it. Upon such order of the High Court Division the officers appeared and prayed for mercy of the court for lodging the case under wrong section and act, and also undertake the responsibility to institute it properly. Hence, the High Court Division pardoned the officers.
It is to be mentioned that, 16 years old Nilufa, passed away on 31st January 2011, at the Dhaka Medical Collage Hospital, after giving birth to a lifeless child, at 8: 20 in the morning.
The case is still at the trial stage at the Kummilla Nari-O-Shishu Nirjatan Daman Tribunal, under case no. 207/11.



Case-(5): Brick field case


Enforced labor of men, women and children in the brick fields

Synopsis of the case:

On 27/01/2011, through secret information, RAB-1, Uttara, Dhaka, rescued at least 30 adults and 2 children from, “Ekota Brick Field”, situated in Ashulia, Shavar. All these people were found having their feet tied up with iron chain and forced to work in the brick field. These people also informed that, they were neither provided with sufficient food or wages. Moreover, they were not allowed to visit their family members. It should be mentioned that, on 22/02/2011, a team of RAB-8, leaded by an executive magistrate from the DC office of Shavar, rescued ten male and two female labors, from ‘Shohag Brick field’. The matter came to the knowledge of Advocate Alena Khan, Chairperson, and Chief Executive of Bangladesh Human Rights Foundation (BHRF), as it was published in several daily news papers who took an immediate action and filed a writ petition no.2442/11, in the bench of the High Court Division comprising with Honorable justice AHM Shamsuddin Choudhury, and Honorable Justice Gobinda Chanda Thakur. The bench ordered prohibition of enforced labor of people at the brick field, and also issued a rule asking the government, why enforced labor shall not be declared unlawful, and ordered the home secretary, secretary of the ministry of labor, secretary of the ministry of Environment, Chief Inspector labor, Inspector General of police (IGP), to reply to the rule with in two weeks. This writ was proceeded to the Honorable High Court Division by Alena Khan, Chairperson, and Chief Executive of Bangladesh Human Rights Foundation (BHRF).



Case-(6): Punishment of criminal Apu, is suffered by innocent Rudra.


Facts of the case:

Electrician, Bijoy Rudra Son of Khirodh Rudra, suffered imprisonment of the crime that was committed by Apu Chandra Sharker, son of Naresh Chandra Sharker of Rosangiri, Fatikchari.
On 13th January 1998 Apu Chandra Sharker was caught with huge amount of smuggling goods, valuation of which is approximately 48,013 (forty-eight thousand, thirteen taka)by the BDR at the India – Bangladesh border in Jessor. Apu Sharker’s passport was seized by the BDR which contained his (Apu’s) picture, in the passport the name and address of Apu Chandra sharker was mentioned as Bijoy Rudra along with address. The BDR filed a smuggling case no 31(1)98 against Apu at Sharsha Thana, Jessor but used the name and address of Bijoy Rudra as it was obtained from Apu’s passport.
After the arrest in the smuggling case, Apu was sent to Jessor prison. On 22nd July 1998, accused Apu was released on bail, by Special Tribunal-3, Jessor. After his release, Apu absconded and did not appear before the court in a couple of hearing as a result, the Honorable Court rejected his bail and issued warrant of arrest of Apu.
On 12 July 2001,while Apu was still absconding, Honorable court passed a judgment of imprisonment of 5 years along with a fine of 1 thousand taka (if un recovered, an addition of another 6 months imprisonment) against Apu Sharker. On 22nd November, Bijoy Rudra was arrested from his residence at Shatkania, Chittagong, and sent to the Chittagong Central Jail, where he was imprisoned for 17 days. Later on, he was shifted to Jessor jail where, he suffered imprisonment for 3 months, as prisoner no.275/98, and then released on bail, by the High court Division. During the period of imprisonment at Jessor jail, the Jail super, Mr. Partho Gopal Banik noticed dissimilarity in the appearance of the prisoner (Apu) confined in the jail before and that of now and hereby notified it to the higher authority through several letters In spite of that, the picture register shows dissimilarity in the pictures of the prisoner. On 10th June 2010 a bench of Honorable High Court Division, ordered Rudra to appear before the court with in 30 days. Being falsely accused of the offence, which was never committed by him, Rudra came to Advocate Alena Khan, Chief Executive and Chairperson, Bangladesh Human Rights Foundation, for legal support. Under her leadership, and in assistance with Advocate Zia Habib Ahsan, chairman of Chittagong branch, and Advocate Mohammad Sharifuddin, the facts were revealed in the primary investigation. On the application of Advocate Alena Khan and by the order of the RAB head-quarter, the actual accused of the case, Apu Sharker was arrested by RAB-7.
Later on, Advocate Alena Khan, Filed a writ petition to the Honorable High Court Division, writ petition no. 9958/2010 and by the order of the High Court Division, on 25/11/2010, accused Apu Sharker surrendered before the court, hence he was sent to Jessor Jail. On 9th June 2011a bench of the High court Division comprising with honorable Justice Mr. A H M Shamsuddin Choudhury and Honorable Justice Sri Gobinda Chandra Thakur, ordered for immediate release of Bijoy Rudra.
In the mean time Bijoy Rudra suffered a total of 10 months imprisonment in two terms under Passport Act.
Advocate Alena Khan has played a vital role in the release of innocent Bijoy Rudra who was suffering the punishment, that was never committed by him.



Case-(7): Children of the prisoner mother’s


“Situation of the children of the prisoner mother’s confined in different prisons around Bangladesh.”
Synopsis of the case:

On 11/01/2012, Advocate Alena khan, Chief Executive and Chairperson of Bangladesh Human Rights Foundation (BHRF), sent a letter to the Deputy Secretary of the Home ministry, Sri Joytimoy Datta, requiring from him, a list, of the children who are staying with their prisoner mothers in different prisons throughout Bangladesh, as well as a list of those adolescent who are confined in different rehabilitation centers for committing different offences. In answer to that letter the Home Ministry sent a list of 46 (forty-six) pages to Advocate Alena Khan. According to the list, there are 91 children in Dhaka division, 89 in Chittagong division, 18 in Shylet division, 38 in Rajshahi division, 29 in Khulna division, and 09 in Barisal division, which makes a total of 298 children who are staying with their mother’s in different prisons throughout Bangladesh. In this regard Advocate Alena khan, Chief Executive and Chairperson of Bangladesh human rights foundation, filed a writ petition in a bench of The High Court Division comprising of Honorable justice Farid Ahmed and Justice Sheikh Hassan Abid. The Bench issued a rule upon government askin g, what type of initiative has been taken to ensure the education, food and nutrition, and health and other facilities of the children who are staying with their prisoner mother’s at the prisons and also asked the government to answer to this rule within 3 weeks. This writ petition was proceeded to The High Court Division by Advocate Alena khan, Chief Executive and Chairperson of Bangladesh Human Rights Foundation.



Case-(8) : Confinement For 11 years in the prison without trial.


Father of day Laborer Harun expired long before. His aged mother lives on begging in the area of Tajpur within Mithapukur of Rangpur District. 11 years back, Harun came to Chittagong and started daily laboring in order to manage his living. On 3rd March, 2001, some miscreants, driven by the police, took shelter in the rented house of Harun in the area of Foy’s Fake. Unfortunately, hapless Harun was arrested by the Police together with those miscreants. After getting bail, Miscreants filed a case in the Honorable High Court and got stay order on the case under the provision of Janonirapatta Special Law pending in the lower court. Accordingly, the case is stayed for 11 years and Harun was in the jail for that period without trail/conviction. Ironically, imprisonment of Harun was continued even if Janonirapatta Special Law, 2002 was repealed by the Parliament and offence against him was not proved at all as he had no relation or well wisher to arrange his release from the jail. After publishing news on this matter, Bangladesh Human Rights Foundation sent letter on 10 January 2012 in favour of Honorable Chief Justice, Minister of Law, Sate Minister of Law, Chairman of National Human Rights Commission & Attorney General to take step for setting him free. Later on, Senior Jail Super of Chittagong Central Jail namely Mohammad Sagir Meah wrote letter to Chairman of National Human Rights Commission & Inspector General of Central Jail of Bangladesh in this regards on 29 March, 2012. Lastly, on 5 June 2012, Advocate Alena Khan, Chairperson of Bangladesh Human Rights Foundation filed a petition for release of Harun in dual bench of High Court Division of Bangladesh Supreme Court comprising Honorable Justice Salma Masud Chowdhury and Honorable Justice S.R.M. Nazmul Ahasan and Honorable court granted bail for Harun for six months on hearing conducted by Advocate Assaduzzaman & Advocate Rojuna Mahmood. Finally, Harun was set free from confinement without conviction and breathed sigh of relief in the open air after passing 11 years in the jail. Advocate A. M. Zia Habib Ahasan, President Chittagong Chapter of Bangladesh Human Rights Foundation and Advocate Mohammad Sharif Uddin, Secretary Chittagong Chapter of Bangladesh Human Rights Foundation, Human Rights Force Member Tapash Kumar Roy, Private Jail Inspector namely Dr. Umme Salma extended all out support & assist to collect different documents/information and arranging his release.



Case-(9) : Order of the High Court Division on the case of conceal of evidence (alamat) of the rape of Sheema choudhury of Rauzan, Chittagong.


In the mid night of 9th October 1996, Sheema Choudhury was raped in the room of the officer in charge of the Rauzan police station in Chittagong. Sheema died on 17th February 1997 in the safe custody of the police station. An FIR was lodged in 1997 against the rape case where all the accused were acquitted. Honourable judge of the respective court described the reasons of the acquittal of the accused through a long judgement. In the judgement he point out about the role of the investigation officer, complainant, and the witnesses. It was transparent that the accused were supported by the prosecution. The matter came to the public through different news papers and was much highlighted.
Based on the judgement of the court, Advocate Alena Khan filed a case of hiding evidence and improper investigation, against the police officer who lodged the FIR, the investigation officer and those three accused police officers. When she went to the Chittagong court to give her statement, she was threatened to death by the accused party. Advocate Alena Khan then applied to the Honourable High Court Division to transfer the case from Chittagong Sessions Court. After hearing of the case, Honourable High Court division ordered for the transfer of the case from the Chittagong Sessions Court to Cummilla, under special case no. 19/ 05.
The 3rd accused of the case OC Shirajul Islam, of Rauzan Thana of that time was discharged from all charges against him from the Sessions Court through obtaining special permission from the Prime Minister’s office on 23/06/02. Advocate Alena Khan filed a criminal revision against the order of the court under criminal revision no. 32/07.
The Honourable High Court Division observed that, all the procedures of the case no. 19/05 shall remain adjourned, until a rule is not issued for the revision. Advocate Alena Khan was appointed as the special Public Prosecutor of that case in Cummilla, where Advocate Zia Habib Ahsan and Advocate Nazmul Alam Choudhury were appointed as the Additional Public Prosecutor. It was for the first time in Bangladesh that any human rights activist was appointed as the government prosecutor. The case is still at trial stage.



Case-(10): Repression on Rumpa Biswas (28) committed by her husband and his family for demand of dowry


Introduction:

It came to the attention of members of Human Rights Force run by BHRF-Chittagong that some Rumpa Biswas as complainant lodged case in Kotwali police station on 16/12/11 alleging that her husband Shatanu Biswas and his family injured her by physical assault demanding dowry. Taking the matter into account, BHRF-Chittagong Branch President Advocate A.M. Zia Habib Ahsan decided to go into the depth through fact findings and with this view, formed a 3-member team under supervision of BHRF-Chittagong Branch General Secretary Advocate Mohammed Sharif Uddin; other two members were Tapas Kumar Roy and Hasina Akter. Facts finding team openly and secretly carried on primary investigation. Recorded statement of the complainant, witnesses and others concerned and prepared draft sketch of the spot. The report is presented below in abridged form:- Objective of facts finding:

  • To bring the truth to light and to reveal the facts.
  • To publicize the facts obtained by inquiry through electronic and print media to enable the real victim gets justice.
  • To help the concerned quarter to take proper legal actions against the culprits.
  • If necessary, to provide legal aid to the victim from BHRF.
Summary of the occurrence:

The case in short is that the no.1 person accused in F.I.R. is the husband of the complainant and no. 2 person is the mother of no.1, that is, mother-in-law of the complainant. Upon choice of the no.1 person and proposed by his family, the complainant and her family, having agreed, got married on 2/6/2010 as per religious ritual and social custom. On the eve of marriage, the family of the complained spent huge money as per claim of the bridal side, giving gifts of full set furniture, computer set, T.V.set, I.P.S., A.C., 19 vori gold ornaments including entertainment of more than 800 guests. From the beginning of their conjugal life, the mother-in-law of the complainant started abusing, neglecting and misbehaving her in many ways with intention of grabbing more dowries. After marriage, her husband and mother-in-law demanded more 2 lakh taka dowry for repayment of their family loan. For the sake of happiness, the complainant paid the amount per month 20,000/- taka from her savings of service benefit and also paid 50,000/- taka selling her mother’s ornament and cow. As the complainant became pregnant, her mother-in-law tried to instigate her for abortion. On 11/3/11, the complainant gave birth of male child, named Moiyukh Biswas (now aged nine months) and all the expenses of baby’s scissor delivery was borne by her office. After birth of a son, her mother-in-law grew more envious and started pressing her for more dowries. On 5/8/11 at 7a.m., the mother-in-law, without any reason, told her to bring 5,00,000/- from her father. That day at noon when the complainant’s husband came to house, her mother-in-law tried to bias her son even to kill for dowry. Being biased by his mother, the husband assaulted her with serious blow and hit her at left ear, face and lips and caused bleeding and kicking her down the ground, brought dao (sharp weapon). Then the complainant started screaming, the husband went inside the room, she came out of the house to save her life and went to pharmacy. Even later she excused them as they apologised and for the sake of her son, she continued her conjugal life. Again on 15/11/2011, the accused no.1 having biased by his mother-accused no.2, demanded 5,00,000/- taka dowry from her. As she said them she was unable, the accused no.1 began assaulting the complainant. Although the accused no.2 was present there, instead of saving the victim, she also beat her. They forced the complainant to leave the house with her infant son with worn clothes only. Seeking remedy of violence, the complainant submitted an application to Bangladesh Human Rights Foundation. Reference to her application, as notice was issued from BHRF, the husband of complainant along with his father and relatives were present at the sitting for compromise and amicable settlement and undertaken to live separately with his wife (the complainant) and son and accordingly executed an undertaking of settlement on 1/12/2011 at BHRF office under Kotwali P.S. After signing agreement, the accused no.1 took his wife to his house at abot 2 p.m. No sooner had the mother-in-law seen the complainant than she grew fiery and said, “ My only son would have gotten crore taka dowry if he married other woman. Hey guy, at first give me cheque of 5 lakh taka and step in house.” As the complainant humbly protested she would not pay such dowry, her husband said, “Though I have signed agreement, it was not decided that you will not pay me dowry.” She asked him why they are behaving like this. Her husband beat her and kicked her lying on the ground. The mother-in-law, instead of refraining her son, pulling by the hair of the complainant, hit the head against the wall. As she cried out to save herself, they pulled her out of the house and shut the door. Then she informed her family over phone. At about 3 p.m. her husband taking her outside for seeing doctor, reached near parade corner and said, “You would not have suffered torture if you agreed to pay dowry as per demand.” The complainant protested his utterance and the accused no.1 again assaulted her and left beside the road. Under this circumstance, the complainant lodged case against the accused for taking serious legal measure.

Case no. and section:

Kotwali P.S. case no.-29(12)11, section 11(GA) of Anti- Women and Children Oppression Act- 2000 (amended in 2003).

Date and Time of occurrence:

1/12/2011 at about 2/3 P.M.

Place of occurrence:

2nd floor of Nurullah Bhaban at dewan Bazar under P.S. Kotwali of Chittagong and east side of Parade corner of Chawkbazar.

Details of the complainant:

Rumpa Biswas (28), father-Nepal Biswas, address- Baharpur, Biswas Bari, P.S.-Sitakund, dist-Chittagong.

Details of the victim:

Same as above.

Details of the accused:

1) Shantanu Biswas (34), father-Sripati Biswas, 2) Mrs. Shikha Biswas(50), husband-Sripati Biswas, address:- Kacha Bazar, Nurullah Bhaban (2nd flr), Flat no.14 (in front of Nkah Beauty Parlour), C&B Colony Road, Dewan Bazar, P.S.-Kotwali, Chittagong and village-Bainna Pukur, Iswar Chandra Doctor Bari, P.S.-Raozan, dist-Chittagong.

Name, address and statement of witnesses:

Though no direct witness is available in connection to the occurrence, a neighbour of the accused at Dewan Bazar residence unwilling to disclose name, said that there was always bargaining between the complainant and accused and the accused physically assaulted her. The accused are greedy for dowry.

Opinion of Inquiry Officer (I.O.):

I.O. of the case, Kotwali P.S. S.I, Elias Khan informed that inquiry still going on. F.I.R. accused no.1 is arrested and produced before court. Prima facie evidence is found. After inquiry, charge sheet will be submitted to court. Opinion of Facts

Opinion of Facts finder Team:

The fact finder team (human rights force) physically visiting the spot tried to bring the truth to light. Though no direct witness was available, talking to the neighbours of the accused, prima facie evidences are found. The accused committed offence under section 11(GA) of Anti-Women and Children Oppression Act-2000 (amended 2003). The complainant is being provided legal aids from BHRF.

Recommendations:
  • Exemplary punishment should be awarded to the accused in order to stop such occurrence.
  • To include section 30 of the said Act in charge sheet for accomplice and bias in the crime.
  • To submit charge sheet at the learned court after speedy inquiry for the sake of justice.
  • To follow up the case and keep up providing legal aid to the victim.