Terming all deaths as tragic, the High Court Division on Tuesday expressed deep shock and shame over the deaths of citizens that occurred in different parts of the country during recent students' movement for quota reforms in government jobs.
'These deaths are sad for all of us. We are ashamed of the violence and deaths of people related to the quota reform movement,' a bench of Justice Mustafa Zaman Islam and Justice SM Masud Hossain Dolon said in observation while hearing a writ petition seeking the immediate release of six coordinators of the quota reforms student movement and a direction not to fire on student protesters.
On Monday, Supreme Court Lawyers Ainun Nahar Siddiqa and Manzur Al Matin filed the writ petition seeking immediate release of the six 'allegedly detained' coordinators of the anti-discrimination students' movement.
The petitioners also sought a directive from the bench prohibiting law enforcers from firing on students during their demonstrations.
Senior lawyer Barrister Sara Hossain, Aneek R Haque appeared for the petitioners while Additional Attornies General SM Munir, Sheikh Mohammad Morshed and Mohammad Mehedi Hasan Chowdhury appeared for the state.
Senior lawyers Yusuf Hossain Humayun, Nurul Islam Sujan, Azhar Ullah Bhuiyan and Shah Monjurul Hoque also took part in the hearing.
After completion of second consecutive day's hearing, the bench adjourned the hearing until today (Wednesday).
At the outset of the second day's hearing, Barrister Aneek R Haque, one of the counsels for the petitioners, presented the report published on the death of six-year-old child Riya on the roof of a house in Narayanganj and read out reports of some other children, who were shot to death during the protests.
At one stage, the bench said, "These deaths are sad for all of us."
At this time, Haque said, "Right, when a life is gone, there are no parties. A six-year-old child...."
At this time, the bench said, "We will not address emotional issues in the court. We are very ashamed."
Replying to another submission, the bench said that everything is written in the Constitution and the law, but none of us is following the Constitution or the law.
'The CRPC clearly states how the police should behave. We will not do anything that harms the nation,' said the bench.
Barrister Sara Hossain, petitioners counsel pointed out that the Detective Branch (DB) of police unlawfully kept six quota protesters under their custody.
She pointed out that the six did not seek safety. Keeping them under custody is unlawful. 'They should be either released or produced before the court as arrested.'
Additional Attorney General Mehedi Hasan Chowdhury submitted that the law enforcers could take steps they think fit and proper for the safety of citizens.
Then, the bench said that keeping them under custody like this is not legal. They should be either released or produced before the court as arrested.
Before starting the hearing on the petition, a good number of lawyers and journalists gathered into the courtroom and at one stage it became jam-packed.
The HC bench witnessed heated debates from both sides of the lawyers, who represented the petitioners and the state.
Earlier, on Monday, the same bench of the HC expressed its anger over the release of a video showing six coordinators of the quota reform movement dining at the Detective Branch office in Dhaka, terming the incident a "mockery" to the nation.
At one point of the hearing, the bench said, "Whoever you detain, you make them sit at the dining table. Who is asking you to do these things? Do not mock the nation in this manner."
The coordinators under DB custody are: Nahid Islam, Sarjis Alam, Hasnat Abdullah, Abu Baker Majumdar, Asif Mahmud and Nusrat Tabassum. All of them were picked up by the DB on 27 July for their 'safety'.
