Pir Shamim murder: Legal obligations of police in arresting the accused

Law enforcement agencies have been unable to arrest any suspect in the mob beating and murder of Pir Shamim Reza Jahangir in Daulatpur, Kushtia, as of Saturday evening, April 18. Locals allege that identified suspects are openly moving around the area, increasing public fear and anger. Since the incident, the victim's family has been suffering from insecurity, fearing another mob attack.

A murder case was filed on April 13 over the killing of Pir Shamim Jahangir following allegations of religious defamation in Daulatpur. The victim's elder brother, retired school teacher Fazlur Rahman, filed the case as plaintiff at Daulatpur Police Station. The case named four individuals and approximately 200 unnamed people as accused. The case statement mentions incitement to attack the pir's darbar.

In the case filed over the brutal murder, Jamaat-e-Islami's nominated candidate for chairman of Filipnagar Union Parishad and former district president Muhammad Khaja Ahmed has been made the main accused, while Bangladesh Khilafat Majlish leader Asaduzzaman has been named as the second accused. However, Kushtia Jamaat held a press conference claiming that neither Bangladesh Jamaat-e-Islami nor any of its leaders or activists had any involvement in the incident. Instead, they claimed that the local union BNP president, general secretary, organising secretary and other prominent individuals were present at the scene on the day of the attack, raising serious questions in the public mind.

Meanwhile, local sources allege that the murder was premeditated and carried out due to previous enmity. Witnesses claim that multiple individuals took part in the attack, and many of them have been identified by locals. Despite the case being filed, the accused remain beyond reach.

The case plaintiff, Fazlur Rahman, said, "We keep approaching the administration, but we see no visible progress yet. Those we recognise are roaming the area – this is terrifying for us. The entire victim family is spending their days in fear, constantly afraid of another attack at any moment."

However, Kushtia district police have stated that the matter is being treated with the highest importance. Kushtia Superintendent of Police Mohammad Jashim Uddin told Views Bangladesh, "We have already visited the scene, and efforts are underway to identify suspects. Some evidence has been collected and is being verified."

He said, "Although the arrest process is time-consuming, we are trying to complete it quickly. Often, suspects go into hiding or try to destroy evidence. So we want to take steps only after being certain, so that a sustainable case can be presented in court."

He claimed that multiple police teams are working in the field, and visible progress will be achieved very soon.

He further said, "Due to multiple individuals being involved in the incident, identification of suspects is underway in the initial phase. As there are no CCTV cameras at the houses connected to the scene, the investigation has faced some complications. So we are collecting the videos that the public has circulated. We are trying to identify those involved from those videos."

When asked about the main accused being active on Facebook, he said, "Many people can be active on Facebook even from abroad. We are also investigating where he is being active from."

Daulatpur Police Station Officer-in-Charge Arifur Rahman told Views Bangladesh, "The accused in the Pir Shamim murder case are not being found. However, police are making maximum efforts to arrest them. Our operations and surveillance are ongoing. I hope the accused will be arrested soon."

But locals question: if the accused are really in hiding, how are they openly roaming the area? When asked about this, OC Arifur Rahman said, "No accused is roaming in front of us openly. If that were the case, that accused would definitely have been arrested. Police have no 'leaders'. A criminal is always a criminal."

Senior Supreme Court lawyer Ahsanul Karim told Views Bangladesh, "Whether a case is filed over a murder or not, police have a legal obligation to arrest the culprit." He explained, "According to the Code of Criminal Procedure, upon learning of a murder, police must begin investigation and take necessary measures. Any delay in arrest reflects police negligence or failure."

He further said, "If it is true that identified suspects are moving around openly, it creates a risk of further deterioration of the law and order situation."

Human rights activist Advocate Elina Khan described the matter as concerning, telling Views Bangladesh, "In Bangladesh, it is often seen that influential accused do not come under the law quickly. This leaves the victim family in fear of being denied justice."

She further said, "If the accused in the Kushtia incident are not arrested quickly, public faith in the law will diminish, and mob culture could be further encouraged. That would be dangerous for the entire state. Therefore, it is crucial to arrest the accused in the pir murder case quickly through a transparent and swift investigation and take exemplary action."

Senior Supreme Court lawyer Barrister Badruddoza Badal said, "If prompt action is not taken over the mob murder of the pir in Kushtia, the law and order situation risks deteriorating. Such violence could increase, especially in rural areas, and further mobs could form across the country, leading to an uncontrollable and horrific situation."

Explaining the legal position, Barrister Badal said, "Bangladesh's criminal law places great importance on arresting accused in direct murder cases. According to Section 54 of the Code of Criminal Procedure, if there is reasonable suspicion that a person is directly involved in a serious cognisable offence like murder, police can arrest them immediately without a warrant. Witness statements, scene evidence or video footage further strengthen the justification for arrest. Under Section 157 of the same code, police are bound to begin investigation without delay when there is a cognisable offence like murder. For the sake of investigation and if there is a risk of the accused fleeing, prompt arrest is legally supported. If sufficient evidence is found, the accused must be sent to court with a charge sheet."

Meanwhile, the situation in Daulatpur, Kushtia, remains tense. Although the presence of law enforcement has been somewhat increased, the fear has not subsided. The victim's family and locals now have one demand following the murder of Pir Shamim Reza Jahangir – swift arrest of the real accused, a fair investigation, and exemplary punishment for the guilty.

They say this would not only ensure justice for one family but also send a positive message for the establishment of the rule of law in the country. Otherwise, such tragic deaths will continue to occur across the country as a result of the poisonous sting of mob violence.