More than 24 hours after a warrant was issued against ex-Sonagazi Police Station OC Moazzem Hossain by a court in Dhaka, police say they are unable to make the arrest as the court order is yet to reach them.
On Monday (May 27), Bangladesh Cyber Tribunal ordered the arrest of the suspended police inspector for filming and circulating a video statement of slain Feni madrasa student Nusrat Jahan Rafi.
Court clerk Shamim Al Mamun told Bangla Tribune on Tuesday (May 28) that the soon after the court ordered his arrest, the warrant was sent by post to the Sonagazi Police Station.
Sonagazi police OC Main Uddin, however, said they were yet to receive.
“We are aware of the warrant, but yet to receive it,” he told Bangla Tribune on Tuesday afternoon.
The head of police’s Rangpur Range, where Mozammel was transferred before being suspended also said they were yet to receive it.
“The warrant is not with us yet. He will be arrested soon after receiving it,” Deputy Inspector General Devdas Bhattacharya told Bangla Tribune.
Moazzem recorded Nusrat’s statement with his mobile phone after she had brought charges of sexual harassment against Sonagazi Islamia Fazil (Degree) Madrashah principal SM Siraj-ud-Daula in March.
The video was released on social media amidst widespread protest over a deadly arson attack on Nusrat allegedly by followers of Siraj, who had already landed in jail on the sexual abuse charges, in April.
Moazzem, first transferred and then suspended along with three other police officials for negligence in handling the Nusrat case, had denied circulating the video on social media.
Someone had stolen the video from his mobile phone and released it on the Internet, he had said.
Following the incident, Supreme Court lawyer Sayedul Haque Sumon filed a complaint under the Digital Security Act, which was later accepted as a case.
Legal experts, however, say the arrest can be made even without the warrant.
“The usual practice is to make the arrest with a warrant. But if the police are aware of the arrest order than the suspect can be arrested Section 54 [of the Code of Criminal Procedure]. The Section 59 stipulates that civilians can apprehend the suspect and handover to police in such cases. And OC Moazzem is a member of the police force,” said Supreme Court lawyer Md Aminul Islam.
Lawyer Sumon, who had filed the complaint with the cyber tribunal against Moazzem, echoed.
“Wherever the warrant is sent, police at anywhere in Bangladesh can arrest. They can even make him surrender to the court for the sake of the force’s image. OC Moazzem has the option to turn himself in the tribunal or seek anticipatory bail in the High Court,” he told Bangla Tribune.