Case under Anti-Terrorism Act: Charges pressed without govt’s nod

The High Court today directed the police administration to take appropriate departmental action against the investigation officer of a case filed under the Anti-terrorism Act in Bogura for submitting its charge sheet without taking permission from the government.

The HC also asked the law ministry to take legal action against public prosecutor concerned for not brining the matter before the trial court.

The HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman came up with the order during hearing a petition filed by an accused, Rafiqul Islam alias Rubel, seeking bail in the case.

Rafiqul said in the bail petition that the investigation officer has submitted the charge sheet of the case without taking permission from the government and its charges have already been framed.

According to Section 40(2) of the Antiterrorism Act, 2009 the investigation officer must take approval from the government before submitting charge sheet against any case filed under the law, he said.

Today, the HC said it did not take action against the trial court judge who framed charges of the case as the judge has already retired, Assistant Attorney General Md Yousuf Mahmud Morshed told The Daily Star.

He said the Rapid Action Battalion filed the case under the Anti-terrorism Act, 2009 with BoguraSadar Police Station on August 23, 2013 against four people after recovering arms.

The following day, Rab arrested Rafiqul Islam alias Rubel in this case.

The investigation officer of the Abu Sayeed submitted charge sheet against six persons in the case to the trial court on November 24, 2013.

On June 6 last year, the trial court rejected the bail petition of Rafiqul in this case, he said, adding that Rafiqul recently filed the petition with the HC seeking bail in the case.

However, the High Court granted bail in the case today.