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Sunday, April 19, 2015

Salah Uddin habeas writ - new application for establishment of judicial body

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This is a further application filed by the wife of Salah Uddin Ahmed,  ex-state Minister and Joint Secretary of BNP for 'direction to the opposite parties to form a high power judicial inquiry body headed by a retired Justice for finding out/produce the petitioner's husband Salah Uddin Ahmed before the court to be dealt with according to law'. The same eight respondents are named in this application as in the original habeas corpus one.

The content of the application is almost identical to that in the response to the counter affidavit, apart from the prayer seeking the judicial committee.

More material from the Habeas Corpus application can be found from the Index above
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1. That the victim Salauddin Ahmed was a brilliant student. He has studied in the University of Dhaka with subject of law. He served in administration (Magistrate) …. He was former APS of former Prime Minister Begum Khaleda Zia in the period of 1991 to 1996. He is a former elected MP of Coxs Bazaar-1. He was a state minister in the period of 2001 to 2--6. He is now Joint Secretary of BNP and he is a very popular leader.
2. That the guard of the house is a eye witness of the occurrence from where the pick up of the victim Salauddin Ahmed [took place], which is published in Daily 'Prothom Alo' newspaper on 13.03.2015. Desh TV also take a interview of the guard. 
3. The police of Uttara Police Station picked up the guard of the house, from where Salauddin Ahmed was picked up by the law enforcing agencies, who is eye-witness of the occurrence and tortured him so he will not say or disclose that the law enforcing agencies picked up the victim Salauddin Ahmed. 
4. That is is stated that the petitioner's husband is picked up by the law enforcing agency on 10.03.2015 without any connection with criminal case and without any warrant of arrest of competent couts. The said news has been published in the different newspaper the following days. 
5. That the personal assistant of the victim Salauddin Ahmed, namely Osman Goni, driver Shafique and Khokon were arrested from their respective house on 07.03.2015 but police forwarded them before the Magistrate on 10.03.2015. The law enforcing agencies knowing information from them picked up Salauddin Ahmed on 10.03.2015 at about 10.30, the owner of the house from where Salauddin Ahmed  picked up said over mobile to the petitioner that the law enforcing agencies members picked up Salauddin Ahmed on 10.03.2015 at about 10.30 PM and as such it is needed to direct upon the opposite parties to form a high power judicial inquiry body headed by a retired justice for finding our/produce the petitioner's husband Salah Uddin Ahmed before the court to be dealt with according to law.
Wherefore it is most humbly prayed that your Lordships may graciously be pleased: 
A: To issue a further Rule calling upon the opposite parties to show cause as to why the opposite parties should not be directed to form a high powered judicial body headed by a retired justice for finding out and under what circumstances the petitioner's husband Salah Uddin was abducted and who was responsible for abducting him and to submit the report before this Hon'ble court for taking appropriate action/step in the matter to be dealt with according to law 
B. Pending hearing of the further rule, your Lordships further be pleased to direct upon the opposite parties to form a high power judicial inquiry body headed by a retired Justice for finding out and under what circumstances the petitioner's husband Salah Uddin Ahmed was abducted and who are responsible for abducting him and to submit the report before this Hon'ble Court for taking appropriate action/step in the matter to be dealt with according to law 
C. Upon perusal and cause shown, if any, and after hearing both the parties make the resul absolute 
D. and/or pass such other or further order or orders as to your lordship may seem fit and proper.





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