Teknaf police station recorded the case of the killing of major (retd) sinha mohammad rashed khan in police firing only after a court order issued on wednesday. But they did not comply with the other part of the court order – to take legal actions against the accused.
Instead of arresting the accused and producing them in court, the police escorted a key accused to the court on Thursday and claimed that the accused "surrendered" to the court.
Murder suspects appearing before the court under police escort raised eyebrows of all present on the Chief Judicial Magistrate's Court premises and human rights advocates.
Teknaf police station's Officer-in-Charge Pradip Kumar Saha, Baharchara Police Outpost Inspector Liakat Ali and five others were sent to jail in connection with the killing of retired army major Sinha Mohammad Rashed Khan in police firing.
Senior Judicial Magistrate Md Helal Uddin of Cox's Bazar Chief Judicial Magistrate's Court issued the order after they 'surrendered' themselves before the court on Thursday. Two other accused of the case were not present in the court.
The same court in the evening placed Pradip Kumar Saha, Liakat Ali and Sub-inspector Nanda Dulal Rakkhit under a seven-day remand.
The court passed the order after the investigation agency, RAB-15, sought for a 10-day remand of the accused.
Md Mostafa, lawyer of the plaintiff confirmed the matter to the media.
During the first hearing, Faridul Islam, public prosecutor, did not seek any remand for the accused. So, the court had sent them to jail.
After around 10-15 minutes, the investigating authority, RAB-15, pleaded for the remand.
After an hour of the second hearing in the evening, at around 8.30 pm, the court accepted the remand plea and placed Pradip Kumar Saha, Liakat Ali and Sub-inspector Nanda Dulal Rakkhit under a seven-day remand.
Asked why the RAB did not appeal for remand during the first hearing, Lt Col Ashique Billah, director of RAB legal and media wing told The Business Standard that they were unaware of the surrender of the accused.
"When we came to know that the accused policemen came to the court for surrender then the RAB-15 team started from its Teknaf headquarters. It took a bit time for them to arrive in the court and that might be the cause for delay in filing for remand, the RAB official explained.
During the hearing, security was tightened at the Cox's Bazar court premises, with a noticeable increase in the number of police and intelligence agency members.
Earlier on Thursday, Chattogram Metropolitan Police (CMP) took Pradip Kumar into custody as he went to the Chattogram Metropolitan Police Headquarters Hospital. Later the CMP members along with Pradip left for Cox's Bazar court around 2pm with a patrol escort team.
Md Mahbudur Rahman, commissioner of CMP claimed that Pradip Kumar Das desired to surrender before the Cox's Bazar court and they cordoned off him to there.
Asked how a murder case accused was given police escort and why the CMP did not arrest Pradip immediately on the spot, Mahbubur Rahman told the media that they had just taken him to court so that he could not flee.
Terming the act of CMP as unlawful, Barrister Jyotirmoy Barua, a human rights activist, told The Business Standard that neither the CRPC nor the PRB 1949 allows such escort for a murder case accused.
"I wondered for a while as police created a new law for themselves. According to the law, no accused can get such option covering police protocol to go to the court for surrender. Police or investigating authority should arrest him when he was available to them," he added.
Among others, Sub-Inspector Nanda Dulal Rakkhit, Constables Safanur Karim, Kamal Hossain, Abdullah Al Mamun, and Assistant Sub-Inspectors Liton Mia were produced before the court on Thursday.
Earlier on Wednesday night, Teknaf Police Station recorded the case against Pradip Kumar, Baharchhara Check-post in-charge Liakat among nine policemen over the incident as per a court order.
On Wednesday, Sinha's sister Sharmin Shahria Ferdous filed a case at the Judicial Magistrate court of Teknaf. On the same day, Pradip Kumar Saha was withdrawn to the police lines in connection with the killing of retired Army major Sinha Mohammad Rashed Khan in police firing
Inspector of Baharchhara Police Investigation Centre Liakat Ali and Officer-in-charge of Teknaf Police Station Pradip Kumar Das were made first and second accused in the case respectively.
Other accused are - policemen Nando Dulal Rakkhit, Safanur Karim, Kamal Hossain, Md Abdullah Al Mamun, Liton Miah, Tutul, and Md Mustafa.
Sub-inspector Tutul and Constable Mohammad Mostafa did not attend the court during the hearing on Thursday.