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BGB cannot file smuggling cases: High Court

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Update : Wednesday, May 24, 2023

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The High Court has stayed the filing of criminal cases against the Border Guard Bangladesh (BGB). The High Court bench consisting of Justice SM Quddus Zaman and Justice Shahed Nooruddin issued this order yesterday on Tuesday. This order was given after hearing the plea filed by accused Kamruzzaman challenging the validity of a case filed by BGB.

In the ruling, it has been asked why the charges against the defendants in the case filed by the BGB in connection with the recovery of a large amount of Indian goods in 2022 should not be cancelled. The hearing on this rule has been fixed on June 14.

Deputy Attorney General Sujit Chatterjee Bappi heard for the state in the court. He told reporters of the order, ‘The High Court has suspended the proceedings of the case filed by the BGB. Until this legal question is resolved, there is no opportunity for the BGB member to file a criminal case as a plaintiff.

Sujit Chatterjee Bappi also said that anyone can file a case under Section 154 of the Criminal Procedure Code. In that case BGB is not out of it. But the court said that nowhere in the Border Guard Bangladesh Act, the issue of giving the power to BGB to file a case has been mentioned. At this stage, the High Court has suspended the proceedings of the case filed by the BGB after the hearing.

BGB seized a large amount of Indian goods in 2022. In this incident, on the same day, BGB filed a case against the accused under Section 25(B) of the Special Powers Act at Kasbar Akhaura Railway Police Station. After investigating the case, the police issued a charge sheet. The court accepted the charge sheet. Besides, the court of Brakshanbaria ordered the trial to be started by framing charges against the accused. Then accused Kamruzzaman Khan appealed to the High Court challenging the validity of the complaint. In the hearing of that application on Tuesday, a hearing was held on whether the BGB has the legal jurisdiction to file a criminal case.

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