We're ashamed of violence, deaths during quota protests: HC

The High Court today expressed its shame over the violence and loss of lives during the quota reform protests and said keeping the six coordinators of the movement in the custody of the Detective Branch (DB) of police was unlawful.

"Deaths in the anti-quota movement in the last few days are very unfortunate. We are ashamed of violence and the deaths during the quota protests," said the court while hearing a petition seeking a directive upon the law enforcement agencies not to shoot at quota reform protesters during their demonstrations.

Filed by Supreme Court lawyers Ainun Nahar Siddiqa and Manjur Al Matin on Monday, the petition also sought an HC directive for the release of six quota reform leaders currently in DB custody for "safety reasons".

"All matters are specified in the constitution and in the laws. But none of us are fulfilling our constitutional duty. It is clearly stated in the CRPC (the Code of Criminal Procedure) how the police should act," it added.

The court also raised questions about keeping the coordinators in DB custody, saying, "The detained six quota movement coordinators did not raise the issue of security. Why have they been detained? This cannot be the process. It is unlawful. Either they should be arrested and produced in court, or they should be returned to their families."

The hearing was held for the second day at the High Court bench of Justice Mustafa Zaman Islam and Justice SM Masud Hossain Dolan. The court has scheduled the next hearing and the passing of an order for tomorrow.

At the hearing, Anik R Haque, a lawyer for the petition, presented media reports on the death of six-year-old Riya Gope, who was shot on the roof of her family house in Narayanganj.

At one point, the court said, "These deaths are unfortunate for all of us." Then Anik Haque said, "This is true. When a life is lost, there are no sides."

At this time, the court, addressing the lawyer, said, "We will not address emotional matters in court. We are very ashamed."

Barrister Sara Hossain also participated in the hearing, seeking directive to return the detained coordinators of the Student Movement Against Discrimination to their families.

Senior lawyers Yusuf Hossain Humayun, Nurul Islam Sujan, Azhar Ullah Bhuiyan, and Shah Manjurul Haque also participated in the hearing.

After hearing from the petitioner and the state, Wednesday was set aside for depositions on behalf of the petitioner.

Additional attorneys general SM Munir, Sheikh Md Morsed, and Mehdi Hasan Chowdhury made their depositions in favour of the state. 

When lawyer Sujan pointed out that neither the coordinators nor their families had complained but the lawyers did, the court said, "They were not arrested or remanded. The process must be fixed. They did not even seek security. Either they should be returned to their families or produced in court. Such detention is unlawful."

The coordinators currently 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 "security reasons".

Earlier, during the hearing on Monday, Additional Attorney General Mehedi Hasan said, "I saw on TV that these six are eating with forks."

At the time, the court 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 cabinet secretary, home secretary, inspector general of police, and others concerned have been made respondents to the petition.