Off the hook

Nearly 21 months ago, a judicial enquiry conducted by the then chief metropolitan magistrate of Dhaka found Jatiya Party lawmaker Salim Osman's involvement in the assault on Shyamal Kanti Bhakta, headmaster of a school in Narayanganj.

In the enquiry report submitted to the High Court on January 19 last year, the then CMM Sheikh Hafizur Rahman said Shyamal was forced to squat holding his ears on Salim's instructions, an incident that triggered a widespread public outrage.

The CMM also recommended sending the matter to the court concerned for taking the next step.

Yesterday, Chief Judicial Magistrate of Dhaka AKM Emdadul Haque found no involvement of the JP lawmaker in the incident and cleared him of the charges.

Shyamal, headmaster of Piyar Sattar Latif High School in Narayanganj, broke down in tears as the court gave the order acquitting Salim who allegedly slapped his ears.

"Salim Osman himself slapped my ears in the presence of hundreds of students, teachers and people. This damaged my hearing ability. Now I need to use hearing aid," he told the court in an emotion-choked voice.

"I will find some solace if I get justice."

"I want justice," he pleaded. 

Taking part in the second hearing on charge-framing in the case yesterday, he showed his blood-stained shirt and torn trousers at the court. The shirt was spattered with blood from wounds in his ears and the trousers got torn during the assault on the day of the incident.

Shyamal said Salim, elder brother of Awami League lawmaker Shamim Osman, kicked him and he fell on the ground.

The schoolteacher also alleged that he was even stomped on by the lawmaker and his followers.

Showing his back, he told the court that it still aches.

"I need to take medicine regularly," he said.

In support of the teacher, Additional Public Prosecutor Anwarul Kabir Babul said, "Salim Osman had committed a heinous offence by assaulting a teacher [Shyamal] physically and mentally in front of students, teachers and hundreds of people without any allegation against him.

“A teacher like Shymal spends his or her life moulding students into good citizens of the country, but such humiliation and dishonour are a disgrace to us all.

"If the teacher had committed an offence, he should be brought under trial. But the lawmaker cannot take law in his own hands,” said Anwarul, pleading that charges should be framed against Salim on the basis of the judicial enquiry report.

Salim's lawyers told the court that their client had carried out such activities to save Shyamal from public wrath.

The JP lawmaker didn't have any intention to assault him, and there was no prima facie case to frame charges against the MP, they claimed.

Shyamal had been accused of making derogatory comments about religion, but the judicial enquiry didn't find any authenticity of the allegation brought against him.

The enquiry also found that Shyamal was beaten up and forced to do squats holding his ears.

After hearing both sides yesterday, Emdadul passed the order clearing Salim of the charges, saying the court “found no ground” to frame charges against him in the case.

In the order, the magistrate said he went through all the documents, including the judicial enquiry report, but did not find “any element” to frame charges against Salim.

The court, however, framed charges against the other accused, Md Opu, for assaulting the headmaster physically, saying the allegation against him was found to be true.

Later, Shyamal told reporters, "I did not get justice from the court but I appeal to God for fair and neutral justice.”

He further said he has been mentally and physically exhausted since the incident.

On May 13, 2016, Shyamal was assaulted by a mob in Salim's presence over the allegation that he made derogatory comments about religion while meting out corporal punishment to a student. The teacher has been refuting the allegation.

A video clip of the incident went viral on the social media, triggering a firestorm of protests in social networking sites and public outrage with a cross section of people demanding trial of Salim and his accomplices.

The management of the school forced Shyamal to resign on an unproven allegation that he had hurt "religious sentiments".

But a probe committee formed by the education ministry found the allegation false and he was reinstated as headmaster of the school.

On August 10, 2016, the HC rejected a police enquiry report as the law enforcers failed to identify those who compelled Shyamal to squat in public.

During the hearing on a suo moto rule, the HC said the report submitted by police was “incomplete”, “inconclusive”, “highly deplorable” and “per-functionary” as the investigation officer had failed to identify the perpetrators behind the public humiliation of Shyamal.

It also said the IO made the report without implicating the masterminds in the degrading treatment of the headmaster.

The HC ordered the CMM to conduct a judicial enquiry into the incident.

The CMM recorded statements of 27 witnesses while investigating the matter. His office handed over the 65-page report to the attorney general's office.

Upon receiving the report, the HC directed the chief judicial magistrate of Narayanganj, home town of Salim, to immediately transfer the general diary filed over public humiliation of Shyamal to the CMM's court in Dhaka.