Present:

                         Mr. Justice A.K.M. Asaduzzaman

     And

                     Mr. Justice Muhammad Mahbub Ul Islam

                Writ Petition No. 3129 of 2024

       Barrister Masood R. Sobhan and another

           ……………Petitioners.

          -Versus-

                                    The State and another

            ………….Opposite parties.

       Mr. Masood R. Sobhan

   …. For the petitioners in person       Mr. Redwan Ahmed, D.A.G.

             …. For the respondents.

Heard and judgment on 2nd September, 2024. A.K.M.Asaduzzaman,J.

The rule was directed upon the respondents to show cause as  to  why  the  arrest  of  the  workers/labours/employees  of  the employees of the restaurants from different places of the Dhaka City during the drive against unauthorized operation of restaurant business  being  violative  of  the  fundamental  rights  guaranteed under Article 32 of the Constitution of the people’s Republic of

Bangladesh  should  not  be  declared  to  have  been  made/done without lawful authority and is of no legal effect.

Fact relevant for disposal of this case is that on 29.02.2024 46 peoples died on a fire in a restaurant namely “Q¡ Q¥j¤L and Cafe” situated in Baily Road. In view of the said occurrence there was a widely reporting in the press and other forms of media including the  television  channels  that  over  800  workers  involved  in  the restaurant business have been arrested.

Drawing our attention of this court to the effect that a huge number of innocent workers as well as persons against whom there was no criminal case pending were taken into custody and detained in the jail without having a proper course of law.

One Barrister Masood Raja Sobhan along with Barrister Fatema S. Chowdhury filed this writ petition and obtained the instant Rule.

Accordingly a direction was given to the concern authorities including  the  respondent  No.4,  IGP  directing  to  furnish  the numbers and names of arrestees, who were working as workers and employees in the restaurants in around Dhaka after the Baily Road fire fixing 60 days time to furnish a report after receiving of this order. But thereafter although a number of adjournment was given but till today no report has been submitted.

In that view of the matter applicant Mr. Masood R. Sobhan upon appearing before this court prays for an order as well as disposed  of  this  rule  asking  to  have  a  direction  upon  the respondents to release all the innocent peoples taken into custody against whom no criminal case or any proceedings as ever been initiated against them and been held up in custody in order to safe them from being unnecessary harass.

Mr. Redwan Ahmed, the learned Deputy Attorney General appearing on the other hand although opposes the rule but found it difficult to oppose the innocent prayer of the petitioner.

Heard the learned advocate and perused the application and considered  the  submission  made  by  the  learned  advocate appearing for the petitioner.

Having  considered  the  submission  made  by  the  learned advocate for the petitioner, we find substance.

An innocent people should not be harass, this is a basic logic of the criminal jurisprudence. Since the respondent could not furnish a positive report about the person taken into custody, we are hereby inclined to direct the respondent to release the person against whom there is no criminal case or any legal proceedings pending and are in custody unnecessary with having no specific allegation against them.

Accordingly,  the  Rule  is  disposed  of.  The  person  as aforesaid  are  directed  to  release  immediately  from  the  illegal detention or custody.

Communicate the judgment at once. Muhammad Mabub Ul Islam, J:

I agree.