The High Court has upheld the order dismissing the case against PBI chief Banaj Kumar Majumder and six police officers on the charge of torture while in custody.
Babul Akhter’s revision against the judgment of the judicial court was dismissed on Tuesday by Justice SM Quddus Zaman and Justice Md. The bench of Aminul Islam gave this verdict.
Additional Attorney Mehdi Hasan Chowdhury and Deputy Attorney General Sujit Chatterjee Bappi conducted the hearing for the state.
Former SP Babul Akhtar’s appeal filed by Chittagong Metropolitan Sessions Judge Begum Jebunnesa Court was rejected on 25 September 2022.
Babul Akhtar filed a revision petition in the High Court against that order.
The defendants in Babul Akhtar’s case were Banaj Kumar Majumder, PBI’s current head, PBI Chittagong District SP Nazmul Hasan, Chittagong Metropolitan SP Naima Sultana, PBI’s then inspector Santosh Kumar Chakma, PBI Chittagong district’s former inspector AKM Mohiuddin Salim and PBI inspector Kazi Enayet Kabir.
According to the complaint, the PBI gave the final report of the case filed by her husband Babul Akhtar on May 12, 2022 regarding the murder of Mahmuda Akhtar Mitu. His father-in-law filed another murder case on the same day. In that case, Babul was arrested and remanded for five days.
In that case, from May 10 to 17, 2021, he was accused of ‘detaining him by wearing handcuffs to extract a confession, not allowing him to sleep, not allowing him to take a bath, and not giving him water for ablution’ in the petition.
It says that Babul was ‘unfairly detained and subjected to intimidation, humiliating treatment and torture’ at the ‘order’ of accused number one (Banaj Kumar). This allegation was made in the petition under section 15(1) and 5(2) of the Torture and Death in Custody (Prevention) Act, 2013.
Babul alleged that after Babul’s case application, OC Nizam Uddin of Feni Model Police Station entered Feni Jail and searched Babul Akhtar’s room for a long time on the instructions and instigation of the accused in the case. On September 12, he made another plea to the court ‘seeking security of life’ in prison. The court of Chittagong rejected both his applications after hearing them together.
On the morning of June 5, 2016, Mitu was publicly shot and hacked to death while going to drop her son in the school bus at GEC intersection in Chittagong city.
After the murder, Babul Akhtar, who was in the post of Superintendent of Police at that time, filed a case against some unknown persons in Panchlaish police station of the city.
The PBI filed a charge sheet in the court on September 13, 2022, making him the main accused in that case.
In the charge sheet, the investigating agency PBI said that former Superintendent of Police Babul Akhtar had ‘murdered’ his wife Mitu through his ‘sources’ after ‘knowing about the affair’.
The other accused in the case are Motaleb Mia alias Wasim, Anwar Hossain, Ehteshamul Haque Bhola, Shahjahan Mia, Kamrul Islam Shikder alias Mucha and Khairul Islam alias Kalu. Among them, Mucha and Kalu are absconding.
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