The High Court on Sunday made seven observations stating that law enforcers should protect human lives and human rights while dealing with protests.
The bench of Justice Mustafa Zaman Islam and Justice SM Masud Hossain Dolon, however, summarily rejected a writ petition seeking a directive on the government and law enforcers to stop use of live bullets against the students protesting for public job quota reforms.
The court heard the writ petition, filed by rights lawyers Aynunnahar Siddiqua and Manzur-Al-Matin on July 29, for three days amid opposition and chaos in the courtroom from the pro-Awami League lawyers.
The court rejected the petition with the seven observations stating that every citizen should have the right to participate in peaceful processions, to assemble and join public meetings as stipulated in the constitution.
It observed that the law enforcement agencies would place its highest priority on the protection of human life and dignity since human life is the most precious of resources.
鈥楲aw enforcement agencies 鈥榤ay use force only when strictly necessary and to the extent required for the performance of their duty,鈥� the court said in the observations.
鈥業n the performance of their duty, law enforcement agencies shall respect and protect human dignity and maintain and uphold the human rights of all persons,鈥� the court observed.
It said that non-discrimination and freedom of peaceful assembly should to be enjoyed equally by everyone and the authority must not discriminate against any individual or group or organisation on any grounds.
鈥楾he concerned authority must comply with their legal obligations and should be accountable for any failure procedural or substantive to do so,鈥� the court observed.
It observed that the police would continue to use the respective articles of the constitution, penal code and procedural laws of our land in dealing with unlawful assemblies, riots and other offences against public tranquillity.
鈥業n this situation the police will follow the relevant article of the constitution as well as domestic law鈥︹�� the court observed.
The court further said in its observations that in the instances of law violation by anyone, the police or other law enforcement agencies could use rubber bullets, tear shells and then live rounds, but where there is no law violation, or no riots no live bullets could be used.
In a democratic state it is essential that the police should act within four corners of the law and in respect of the constitutional rights of citizen, observed the court.
The bench, however, rejected another prayer of the two lawyers that sought directive on Detective Branch of the police to produce six detained co-coordinators of the students鈥� movement before the court.聽
Over 200 people were killed between July 16 and July 20 during the students鈥� movement that turned violent.
At least 41 more people were killed on August 4 in violence as the students鈥� movement took a decisive turn to press for the one-point demand of resignation of prime minister and Awami League president Sheikh Hasina.聽聽聽聽聽
The court observed that the prayer became ineffective as the six students鈥擭ahid Islam, Abu Baker Mazumdar, Asif Mahmud, Sarjis Alam, Hasnat Abdullah, and Nusrat Tabassum鈥攚ere freed from the Detective Branch custody.聽
The detective branch handed over the six students of different universities to their families on July 1. It took the students under its custody after picking them up between July 26 and July 27.
Senior lawyers Tobarok Hossain, Sara Hossain and Aneek R Haque appeared for student protesters, while attorney general AM Amin Uddin and additional attorneys general SM Munir, Sk Md Morshed and Mehedi Hassan Chowdhury opposed the petition.