Lawyers claim police action against Drik illegal
Dhaka, Mar 22 (bdnews24.com) – Senior lawyers condemned the forced closure of the Drik Gallery Monday, for its 'Crossfire' photo exhibition, as "illegal" and "a violation of fundamental rights."
Police closed down the gallery in the capital after it refused to cancel the show of images relating to deaths by RAB 'crossfire', a euphemism for extra-judicial killings. The exhibition was due to open at 4 pm. At 3.30 pm, police took up position in front of the Drik building preventing entry or exit.
Rokunuddin Mahmud, a senior lawyer, told bdnews24.com "The police action is unlawful. Drik has permission to run a photo gallery. It is not necessary for them to get permission in relation to every fresh exhibition."
"The government does not believe there is any such thing as 'crossfire', so what is the problem? People have the right to know, they have a right to information. The police can't simply remove that."
Shahidul Alam, the photographer and Drik's managing director, told bdnews24.com just before the police blocked the entrance to the building entrance that he had received a call earlier in the afternoon from RAB's media department.
RAB reportedly told him that the gallery required permission from the police before holding the exhibition on crossfire. "I told him that I could not see why I needed permission," said Shahidul.
"We've been operating since 1993 and it has never been required of us to have specific permission for a particular exhibition. Were all the exhibitions we hosted illegal then?"
"The police then came to our office and said that we must stop the exhibition to avoid causing 'unrest in the country'," said the photographer.
He quoted Dhanmondi police chief Shah Alam as saying "legal action" would be taken if the show was not shut down.
Shahidul Alam said he asked the police chief about whether he had the warrant needed for closing the building. The police officer reportedly replied that he did not need one.
When contacted, Shah Alam told bdnews24.com that the police ordered Drik to close down the exhibition as it had not obtained permission from the Special Branch of police as required by law.
Sara Hossain, another senior lawyer, told bdnews24.com, "Under which law, under what order and under whose authority did the police close the gallery down? The constitution allows freedom of speech and assembly unless restricted by law. Which laws are the police talking about?"
Her sentiment was shared by a law professor. "Since it was without any prior legal notice, it will clearly be a violation of fundamental rights of the freedom of expression and of association to close down the exhibition," Shadin Malik, director of law at Brac University, said.
Shah Alam, the Dhanmondi police chief, later told journalists outside the Drik gallery: "I could not allow the exhibition to go on as I was ordered to close it down as it does not have permission. He (Shahidul Alam) cannot hold exhibitions defying government rules and regulations. Why doesn't he just get the permission from SB or the government?"
The exhibition, called 'Crossfire', features symbolic representation of the deaths attributed to the 'elite' anti-crime force Rapid Action Battalion (RAB).
Local and international human rights organisations have for many years expressed concern about 'crossfire' deaths or extra judicial killings in Bangladesh.
Most recently, a US State Department's Human Rights Report on Bangladesh, released on Mar 12 - quoting local media reports, local and international human rights groups, and the government – said law enforcement officials were responsible for 154 deaths, 129 of which were attributed to 'crossfire' in 2009, representing a 3 percent increase from the previous year.
The report went on to say that RAB accounted for 38 crossfire killings; members of the police were responsible for 63; combined security units consisting of the RAB and police were responsible for 25; and the army committed three crossfire killings.
The government, however, has repeatedly claimed that no extra-judicial killings are being committed by law-enforcers. They say RAB and police only fire in self defence when they are under attack.
Last year, the High Court ordered the government to explain why killings without trial in so-called 'crossfire' or encounters should not be declared illegal.
It also asked why departmental and criminal actions should not be taken against those who perpetrate such killings in custody and outside.
Police closed down the gallery in the capital after it refused to cancel the show of images relating to deaths by RAB 'crossfire', a euphemism for extra-judicial killings. The exhibition was due to open at 4 pm. At 3.30 pm, police took up position in front of the Drik building preventing entry or exit.
Rokunuddin Mahmud, a senior lawyer, told bdnews24.com "The police action is unlawful. Drik has permission to run a photo gallery. It is not necessary for them to get permission in relation to every fresh exhibition."
"The government does not believe there is any such thing as 'crossfire', so what is the problem? People have the right to know, they have a right to information. The police can't simply remove that."
Shahidul Alam, the photographer and Drik's managing director, told bdnews24.com just before the police blocked the entrance to the building entrance that he had received a call earlier in the afternoon from RAB's media department.
RAB reportedly told him that the gallery required permission from the police before holding the exhibition on crossfire. "I told him that I could not see why I needed permission," said Shahidul.
"We've been operating since 1993 and it has never been required of us to have specific permission for a particular exhibition. Were all the exhibitions we hosted illegal then?"
"The police then came to our office and said that we must stop the exhibition to avoid causing 'unrest in the country'," said the photographer.
He quoted Dhanmondi police chief Shah Alam as saying "legal action" would be taken if the show was not shut down.
Shahidul Alam said he asked the police chief about whether he had the warrant needed for closing the building. The police officer reportedly replied that he did not need one.
When contacted, Shah Alam told bdnews24.com that the police ordered Drik to close down the exhibition as it had not obtained permission from the Special Branch of police as required by law.
Sara Hossain, another senior lawyer, told bdnews24.com, "Under which law, under what order and under whose authority did the police close the gallery down? The constitution allows freedom of speech and assembly unless restricted by law. Which laws are the police talking about?"
Her sentiment was shared by a law professor. "Since it was without any prior legal notice, it will clearly be a violation of fundamental rights of the freedom of expression and of association to close down the exhibition," Shadin Malik, director of law at Brac University, said.
Shah Alam, the Dhanmondi police chief, later told journalists outside the Drik gallery: "I could not allow the exhibition to go on as I was ordered to close it down as it does not have permission. He (Shahidul Alam) cannot hold exhibitions defying government rules and regulations. Why doesn't he just get the permission from SB or the government?"
The exhibition, called 'Crossfire', features symbolic representation of the deaths attributed to the 'elite' anti-crime force Rapid Action Battalion (RAB).
Local and international human rights organisations have for many years expressed concern about 'crossfire' deaths or extra judicial killings in Bangladesh.
Most recently, a US State Department's Human Rights Report on Bangladesh, released on Mar 12 - quoting local media reports, local and international human rights groups, and the government – said law enforcement officials were responsible for 154 deaths, 129 of which were attributed to 'crossfire' in 2009, representing a 3 percent increase from the previous year.
The report went on to say that RAB accounted for 38 crossfire killings; members of the police were responsible for 63; combined security units consisting of the RAB and police were responsible for 25; and the army committed three crossfire killings.
The government, however, has repeatedly claimed that no extra-judicial killings are being committed by law-enforcers. They say RAB and police only fire in self defence when they are under attack.
Last year, the High Court ordered the government to explain why killings without trial in so-called 'crossfire' or encounters should not be declared illegal.
It also asked why departmental and criminal actions should not be taken against those who perpetrate such killings in custody and outside.
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