HC rejects writ filed challenging legality of firing on protesters

The High Court today rejected a writ that challenged the legality of keeping six coordinators of Anti-Discrimination Student Movement in DB custody and the use of live rounds at demonstraters.

However, the High Court 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.

The law enforcing agencies will place highest priority on the protection of human lives, the most precious resource, and their dignity, the HC said.

Law enforcing agencies may use force only when necessary and required for the performance of their duty, it 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," the HC bench of Justice Mustafa Zaman Islam and Justice SM Masud Hossain Dolon observed.

The bench said freedom of peaceful assembly is to be enjoyed equally by everyone and the authorities must not discriminate against any individual or group or organisation any grounds.

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.

"What will the police do when a general assembly or procession turns into an unlawful assembly," the bench asked.

"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," it said adding that in this situation, the police will follow the relevant articles of the constitution as well as domestic laws.

"If anyone violate 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 judges said.

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 right of the citizens, they said in the observation.

The petition was filed by Supreme Court lawyers Aynunnahar Siddiqua and Manzur-Al-Matin yesterday seeking orders from the HC on the authorities concerned of the government to immediately release the six coordinators of the Anti-Discrimination Students' Movement who have been kept in law enforcers' custody for security reasons, and to stop use of live rounds upon the protesters.

However, the six coordinators were freed on Thursday.