How can RAB arrest someone without filing a case: HC

The High Court (HC) has asked if the Rapid Action Battalion (RAB) can arrest someone without filing a case with the police. 

Besides, the court also asked if RAB has the jurisdiction to arrest someone in a Digital Security Act case. 

The HC bench of Justice Farah Mahbub and Justice Ahmed Sohel issued the order on Tuesday (28 March) after hearing a writ seeking to form a high-level committee to investigate the death of Sultana Jasmine allegedly under RAB's custody in Naogaon.

Advocate Manoj Kumar Bhowmick appeared for the writ while Attorney General AM Amin Uddin appeared for the state.

The court also wanted to know if Jasmine was interrogated in an appropriate place after her arrest and if  RAB's conduct was legal up until she was taken to the hospital.

Besides, the court sought to know Jasmine's cause of death in the final autopsy report.

Attorney General AM Amin Uddin was asked to submit Jasmine's relevant legal documents and the autopsy report by 5 April. 

The court also set 5 April for the next hearing.

Advocate Manoj Kumar Bhowmick filed a writ on Tuesday morning seeking directions to form a high-level inquiry committee, headed by a retired HC judge, in connection with Jasmine's death. 

In the writ filed in public interest, the home secretary, director general of RAB and the related parties were made defendants.

"The writ was heard for judicial inquiry and the post-mortem report. The attorney general held a hearing in court on the report regarding Jasmine's treatment in different hospitals. But he did not say anything about the postmortem report and surat hal report," Bhowmick told The Business Standard.

"RAB did not, however, submit the list of members involved in detaining Jasmine," he added.

Bhowmick further said, "After the attorney general sought time for submitting the postmortem report and judicial inquiry, the court fixed 5 April for the next hearing."