A businessman, who was brutally tortured by the joint forces during the period of caretaker government, filed a case against Mejor Sarwar, who was under duty of 17, East Bengle Regiment, Dhaka and other two civilians his cousin Saiful Islam and the latter’s associate Abdus Samad, on charge of attempt to murder by torturing him during the emergency regime with the Chief Metropolitan Magistrate Court, Dhaka under section 323, 324, 325, 326, 307, 506, 109 and 34 on April 13, 2009 with the legal help the human rights organization “Bangladesh Institute of Human Rights (BIHR)”.
Md. Samsuddin Ahmed, proprietor of M/S Samsuddin Overseas in his complaint stated that, on July 26 2007, around at 1.30 p.m. a team comprising six members of army led by Maj. Sarwar who was on plain clothes along with Abdus samad and Saiful went to his office, 64/4, Naya Paltan, Dhaka and beat him mercilessly while he was doing his regular business job. Then, he was picked up and took him to the temporary camp of joint forces at Paltan Community Centre and again he was brutally tortured there by kicking with boot, slapping, beating with iron road, baton without any reason.
As he was fainted because of the torture, he was first admitted to the Rajarbagh Police Line Hospital and later shifted to Dhaka Medical College Hospital ward no. 30 when his condition deteriorated on the same date at around 8.00 pm.
The joint forces later handed Shamsuddin over to the Paltan Police to show him arrested in a fraud case filed with the police station that Paltan Police station case No. 61/2007 by Saiful on July 26, 2007. Then he was appeared before the Chief Metropolitan Magistrate Court, Dhaka On July 30, 2007 and he was sent to the jail custody. On August 05, 2009, Mr. Samsuddin Ahmed was released by bail.
On February 2, 2008, Shamsuddin was acquitted by metropolitan magistrate Golam Rabbani of the fraud charges after investigation officer Ikramul Haque, sub-inspector of the Paltan police station, had submitted the final report in the case.
The complaint also mentioned that Mr. Samsuddin Ahmed was not filed the case against the army official that time due to the state of emergency was in force fearing more torture as well as refusing to take the case by Paltan Police Station. It also stated that as withdrawn the state of emergency, a new democratic government has been established, so he is filing the case out of fear demanding to bring the culprits before justice.
After the hearing, the learned Metropolitan Magistrate Kanika Biswas recorded the statement of complainant, took it into cognizance and passed the order to Deputy Commissioner of Detective Branch (DC-DB), Dhaka to investigate the allegation and also directed to submit the investigation report by July 21, 2009.
Adv. Shahanur Islam Saikot, Programme Manager of Legal and Human Rights Affairs at Bangladesh Institute of Human Rights (BIHR) and Adv. Mohammad Alamgir, Vice President of moved the case on behalf of the complainant. Mr. Samsuddin Ahmed.
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