Writ petitioner claims in HC: Due process avoided intentionally in expelling five IU students
Staff Reporter :
Supreme Court lawyer who filed a writ petition with the High Court seeking its directives regarding the torturing of Kushtia’s Islamic University student Phulpori Khatun said due process of law was not followed in expelling five female students of the university who were found guilty.
This ‘defect of law’ was done by the Vice Chancellor and the authorities of the university in a partisan way with an intention that if these students take legal recourse against the expulsion order, the order might be void, also said the lawyer during the hearing of the case in the High Court on Wednesday.
The HC bench of Justice JBM Hassan and Justice Razik-Al-Jalil held hearing on the issue.
Earlier on the day, Islamic University lawyer and also Deputy Attorney General BM Abdur Rafell informed the HC that the IU authorities on July 15 expelled five of its female students for a year over their involvement in the torturing.
The students are— Sanjida Chowdhury Antora of Statistics department who is also Vice-President of the IU Chhatra League, Halima Akhtar Urmi of Fine Arts department, Ishrat Jahan Meem of Law department, Tabassum Islam and Muabia Jahan of Finance and Banking department.
Then writ petitioner lawyer, Gazi Md Mohsin, made his argument saying that the expelling order was not lawful.
He said, “As per the law of the university, the VC will punish them first with a fine of Tk 500 and expulsion for 12 months. If the VC feels that the conviction is less comparing the offence, then he will refer it to the Disciplinary Committee.
However, it has become a defect of law as the VC sent the issue directly to the disciplinary committee avoiding the first option.”
Then the court asked the writ petitioner to place his arguments in a written form. It also asked the university lawyer to discuss with the authorities and submit a fresh compliance with it. The court also fixed July 26 for further hearing on the issue.
In an order on March 1 this year, the HC said university administration will take action against the accused students, hall administration and others according to the laws and rules of the university.
The IU authorities have also been asked to allot a seat for Phulpori Khatun at any room in any hall of her own choice so that she can resume her classes and academic activities, and to provide security to the witnesses of the incident. The court asked the Vice-Chancellor of IU, Kushtia, to submit a report before it after complying with the directives.
Phulpori alleged that BCL leader Sanjida and other BCL activists tortured her on the night of February 11 for staying at the Deshratna Sheikh Hasina Hall without their “permission”. They allegedly tortured her from 11:00pm till 3:30am.
After being noticed through the media the Supreme Court lawyer filed the writ petition seeking HC directives to probe the torturing, and security of the victim student.
