Elderly man beaten on drug dealing allegation: Court orders identification of those involved
Photo: Collected
Chandpur Chief Judicial Magistrate and Justice of the Peace Mujahidur Rahman has ordered that those involved be identified and legal action taken over the allegation that an elderly man was beaten and publicly harassed in the name of catching a criminal in Hajiganj of Chandpur.
He passed the order on Wednesday (23 September) afternoon. Fakhruddin Swapan, nazir of the Chief Judicial Magistrate’s Court, confirmed the matter at around 9:00pm. The order said that in a video and photographs published on the Facebook page of a news portal named ‘weeklyhajigonj’, several young men are seen slapping and beating an elderly man who was at a grocery shop at Balakhal Bazar in ward No 1 of Hajiganj municipality, accusing him of dealing in yaba. The video also shows a yaba-like object in the hand of one young man and him showing it while informing a police officer over mobile phone.
The order mentioned that it appears from the conversation in the video that the elderly man is Nizam Kazi, former councillor of ward No 1, Balakhal, of Hajiganj municipality. No official of the law enforcement agencies, the Department of Narcotics Control or any other administrative authority was present there at the time of the incident.
The court said that under the Narcotics Control Act, 2018, ordinary citizens have no legal power to search or detain anyone accused or suspected of a drug-related offence. A review of the video shows that several young men may have entered the elderly man’s shop without permission. Whether any offence under sections 143 and 448 of the Penal Code was committed by this is a matter for investigation, the order mentioned. Similarly, whether sections 323 and 506 of the Penal Code are attracted by the allegation of beating and threatening the elderly man is also subject to investigation.
The order of the Justice of the Peace further said that detaining or beating anyone on suspicion of an offence without legal process is not lawful. Such incidents can be a cause for concern for citizens’ fundamental rights and for law and order. It also mentioned that proper enforcement of the existing laws is essential to control activities such as teen gangs and mob culture.
Additional Superintendent of Police (Hajiganj Circle) Mukur Chakma has been directed to identify those involved in the incident, collect their detailed addresses, prepare a list of witnesses and submit a report by 27 September.
In addition, the court directed Hajiganj Police Station OC Abdul Mannan to report within the same time whether any legal action has been taken over the alleged recovery of drugs from the elderly man.
