The High Court has rejected a writ petition challenging opening of fire by the law enforcers at the demonstrators. At the same time the High Court on Sunday observed that every citizen shall have the right to participate in peaceful procession, assembly and public meetings as per the directions of the constitution of Bangladesh.
"All citizens have the right to participate in peaceful procession, assembly and public meetings as per the directions of the constitution of Bangladesh. In a democratic state, it is essential for the police to work with respect for the fundamental aspects of the law and the constitutional rights of citizens," the HC bench observed while rejecting a writ petition filed in this regard.
In its observation, the HC bench said "Police or law enforcement agencies can use rubber bullets, tear gas shells and then lethal force if someone violates the law. If there is no violation or no riot, then no lethal bullets (live bullets) can be used."
"Every citizen will have the right to participate in peaceful processions, assemblies and public meetings as per the guidelines of the constitution of Bangladesh. Since human life is the most precious resource, protection of human life and dignity should be given top priority," the HC bench said.
What will the police do when a general assembly or procession turns into an unlawful assembly, the HC bench said that law enforcement agencies could use force if it is absolutely necessary in the performance of their duties. In carrying out their duties, law enforcement agencies shall respect and protect human dignity, maintain and uphold the human rights of all individuals.
But, the police will continue using respective articles of the constitution, penal code and procedural laws of our land in the enforcement of unlawful assemblies, riots, and other offences against public tranquility, the HC bench said and advised the police to follow the relevant articles of the constitution as well as domestic laws during the situation, if there is any.
"If anyone violates the law then police or any law enforcing agency can use rubber bullets, tear shells and then live rounds. But if no violation is occurred, no riot is held, then no live bullets can be used," the HC bench said.
"In the performance of their duty, law enforcement agency shall respect and protect human dignity and maintain and uphold the human rights of all persons. Freedom of peaceful assembly is to be enjoyed equally by everyone and the authorities must not discriminate against any individual or group or organisation on any ground," the HC bench observed.
The authorities concerned must comply with the legal obligations and should be accountable for any failure procedural or substantive to do so, the HC said.
The HC bench also said that if anyone violates the law then police or any law enforcing agency could use rubber bullets, tear shells and then live rounds. But if no violation is occurred, no riot is held, then no live bullets can be used. Hence, in a democratic state, it is essential that the police should act within the four corners of the law and then respect of the constitutional rights of the citizens.
Lawyers concerned opined that the High Court asked the law enforcing agencies to strictly follow the Police Regulations of Bangladesh (PRB) in firing on protesters. In the PRB, police have to follow many steps before firing. Police can shoot as a last resort to save lives. But you can't shoot indiscriminately, they said.
After HC the order, senior lawyer Shah Monjurul Hoque told the reporters that the High Court has rejected the application, which was filed seeking immediate release of the six coordinators of the quota agitators and not to fire directly at the rally.
The court said that the writ petition was not properly filed. There is no logical point of law in this writ. As a result, the application was dismissed.
In response to a query, he said that the HC said that the police could not go outside the law and fire directly at peaceful processions and gatherings.
They will perform their duties in accordance with the powers given in the constitution and police regulations.
In response to another query, the senior lawyer said that the writ petition was filed for political purposes, which the court dismissed outright.
Barrister Sara Hossain, one of the counsels for the writ petitioners, said that the HC rejected the writ petition with several observations.
The observation said that police should follow PRB rules to fire at peaceful processions and gatherings.
"We are satisfied with this observation. However, the court did not say anything about the detention of 6 quota agitators as a matter of right. This matter remained a question for them," she said.
Earlier 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. However, the six coordinators were freed on Thursday.
The petitioners also sought a directive from the bench prohibiting law enforcers from firing on students during demonstrations.
After two days of hearing, the HC bench did not hold the hearing on the petition on Wednesday and Thursday as Justice SM Masud Hossain Dolon, the junior judge of the bench, did not attend office on Wednesday and Thursday too as he is on leave due to physical illness.
Senior lawyer Barrister Sara Hossain, Aneek R Haque appeared for the petitioners while Attorney General AM Amin Uddin, Additional Attorneys 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.
