The High Court (HC) on Sunday dismissed the writ petition seeking an order not to shoot protesters but gave some observations in this regard.
The HC bench of Justice Mustafa Zaman Islam and Justice SM Masud Hossain Dolon passed the order after hearing the petition.
The court in its observation said all citizens have the right to participate in peaceful assemblies and emphasised that the police must follow legal directives.
The HC also directed the police to follow the Police Regulations of Bengal (PRB) strictly.
Barrister Anik R Huq, who represented the writ petitioner, said the petition was dismissed but made several observations. That is – this is a democratic country. The people of this country have constitutional rights.
Police must follow the instructions in the PRB. Police regulations state that shooting cannot be done indiscriminately. Although the writ was dismissed, their demand was fulfilled by the order of the HC, he said.
“The law constitutes that if you set fire anywhere, attack, rob, police can shoot in these cases. But shots were fired at a peaceful rally,” he said.
The lawyer said permission must be obtained from the magistrate to quell the riots. If the magistrate is not available, permission has to be taken from the highest officer present there.
Still, if the police want to shoot, they have to announce by miking. And to fire, police have to shoot in such a way that there is minimal damage.
Attorney General AM Amin Uddin told reporters quoting the HC rules that anyone can hold meetings and rallies peacefully. However, if necessary, the police can take action per the PRB.
Earlier on July 29, Supreme Court lawyers Ainun Nahar Siddiqa Lipi and Manjur Al Matin filed the writ petition. The cabinet secretary, secretary of the home ministry, inspector general of police, chief of army staff and others concerned were made respondents to the writ petition.
On July 30, during the hearing of the writ petition, Justice Mustafa Zaman Islam and Justice SM Masud Hossain Dolon expressed their dismay over the violence and fatalities associated with the quota reform protests.
"All deaths are tragic. We are ashamed of the violence and loss of life surrounding the quota reform movement," the bench remarked.
