Pir Shamim murder: Police obliged to file case even if family does not want

Even though 48 hours have passed since the murder of Pir Shamim Reza Jahangir in Daulatpur of Kushtia, no case has been filed yet. After such information came to light, new questions have been raised about the legal obligation to file a case in such cases.

The deceased's elder brother, a retired school teacher, Fazlur Rahman, said that they will not file a case as per the family's decision. He said, "A person who is dead cannot be found again. I do not want to get involved in unnecessary trouble."

However, the prevailing law of the country says that even if the family does not file a case, the police are obliged to file a case and start an investigation on their own initiative for serious crimes like murder.

Murder is a cognizable crime under Bangladeshi law. This means that if the police receive information that such a crime has been committed, they can and must take immediate action without any prior permission. According to Section 154 of the Code of Criminal Procedure, the police station concerned must register an FIR if it receives information about a cognizable offence. Similarly, the Police Regulation, Bengal (PRB) also clearly states that it is the responsibility of the police to receive complaints and take necessary legal action in cases of serious offences.

Senior Supreme Court lawyer Ahsanul Karim told Views Bangladesh, “Not filing a case even after two days of a murder is not only negligence of duty but is directly illegal. Because, the interests of the state are involved in such crimes. The loss of a person’s life is not just a personal loss; it is an attack on social and legal order. Therefore, here the state itself becomes a party to the judicial process. That is why the law does not stop even if the family does not want to file a case or is unable to do so. The duty of police officers is to immediately register a case and start an investigation if they receive confirmed information about a murder. In this case, the investigating officer can file a case himself as the plaintiff. In practice, such cases are usually called GR (General Register) cases, where the state is effectively considered as the plaintiff and the case is conducted in the form of ‘state vs. accused’."

Supreme Court lawyer and human rights leader Elina Khan told Views Bangladesh, “According to the law, the police can file a case as the plaintiff themselves in certain situations. These include if the victim’s family refuses to file a case, if the complainant is absent for some reason, if the police themselves witness the crime or if reliable sources confirm that the crime was committed. In these cases, the police have no opportunity to remain inactive. Rather, it is an urgent responsibility to take up the case quickly and inspect the crime scene, collect evidence and ensure testimony.”

Dhaka Metropolitan Police Additional DIG Shamsunnahar Ruma said in this regard, “The police headquarters has also repeatedly given instructions that no negligence will be tolerated in serious cases like murder. It has been said to take a strict stance on completing the investigation quickly, collecting technology-based evidence, ensuring the safety of witnesses and bringing the criminals to justice. According to experts, delaying the investigation increases the risk of evidence being destroyed, which can weaken the justice process."

Senior Supreme Court lawyer Barrister Badruddoza Badal told Views Bangladesh, "It is illegal to not file a case even after two days of the Daulatpur Pir murder. Not filing a case in a murder case means that the formal trial process of the crime has not begun. This increases the risk of the criminals not being identified and arrested, and at the same time raises questions about the rule of law. In many cases, families do not want to file a case due to social, financial or security reasons. But the law has given the police special powers and responsibilities to fill that void."

He also said, "If the police hesitate or avoid taking a case for any reason, there is an opportunity to challenge it. And if the victim does not file a case, the police of the concerned police station is obliged to file a case."

Without giving any specific information about the matter, Daulatpur Police Station Officer-in-Charge Md. Arifur Rahman said, "I am looking into the matter." However, Kushtia Police Superintendent Mohammad Jasim Uddin told Views Bangladesh, "Even if the family does not file a case in the murder of Pir Shamim Reza Jahangir, the legal process will not stop. Since murder is a serious cognizable crime, the police are obliged to file a case on their own initiative in such cases. If the family does not file a complaint, the investigating officer will file a case himself and an investigation will be started according to the law."

He said that the incident is being viewed seriously and necessary legal action will be taken quickly so that the criminals can be identified and brought to justice.