HC issues five-point directives to confirm identity of a plaintiff

Staff Reporter :
The High Court in an order has issued five-point directives for ensuring the identity of a plaintiff properly during filing a case in a police station, court or tribunal for stopping harassment in fake warrants and cases.
The High Court bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman passed the directions along with a rule after holding hearing on a writ petition filed challenging the cases of the ‘non-existent’ plaintiffs.
The full text of the order has been released on Thursday on the website of the Supreme Court, while the short order was passed on June 14 this year.
The High Court said a complainant has to mention his/her National Identity Card (NID) number or the passport number in the case statement. If the plaintiff does not have a national identity card, then he/she has to mention the national identity card number of the person identifying him/her. If the National Identity Card or the passport number is not available in special practical circumstances, the concerned police officer will take other appropriate measures at his discretion to confirm the identity of the complainant, the court said.
If the complainant does not have a national identity card or passport in case of filing a complaint in the court or tribunal, the concerned lawyer will identify the complainant. If the complainant is an expatriate or a foreign national, the passport number of the country concerned should be mentioned, also read the High Court order.
Advocate Zainul Abedin and advocate Emadul Hoque Bosir appeared in the court on behalf of the writ petitioner, Md Akramul Ahsan Kanchan, while Deputy Attorney Generals Aurobinda Kumar Roy and Bipul Bagmar represented the state.
Md Akramul Ahsan Kanchan, a businessman and also a resident of Shantibagh area in the capital city, has to spend 1,465 days in jail in 20 cases filed in 13 districts of the country on charges of rape, beating, theft and human trafficking. Claiming the cases baseless, Akramul, 55, filed a writ petition with the High Court on June 7 this year seeking its directives to conduct a probe to trace out the plaintiffs involved in these cases.
After holding primary hearing on the writ petition, the High Court directed the Criminal Investigation Department (CID) of the police to find out those who were involved in filing those cases. The court has also asked the CID to submit a report in 60 days on the progress of their investigation in this regard.
The court also issued a ruling upon the respondents to explain as to why a direction should not be given upon the respondents to make an inquiry who are involved in filing different criminal cases against the writ petitioner and submit a report in this regard before this court and take legal action in accordance with law against those persons who are harassing the petitioner by filing false criminal cases.
Home secretary, law secretary, inspector general of police, additional inspector general of police’s criminal investigation department (CID) and registrar general of Supreme Court have been asked to comply with the ruling in four weeks.
The writ petitioner said in his petition that a total of 49 cases have been filed against him so far in 13 districts of the country on charges of rape, beating, theft and human trafficking.
Lawyer Emadul Hoque said, “Police arrested Akramul Hoque on August 18 in 2013 for the first time in a criminal case filed with Sutrapur police station. Then he had to spend a total of 1,465 days in jail in 20 cases filed in 13 districts of the country on charges of rape, beating, theft and human trafficking.”
The 49th case was filed against him in October last year with the Narayanganj Joint District Judge’s Court. But no plaintiff were found in any of the cases filed against him, said the petition. Considering the fact Akramul was acquitted in 36 cases, and received bail orders in remaining 13 cases.