The Women and Children Repression Prevention Tribunal-7 has acquitted five accused, including Safat Ahmed, son of Dildar Ahmed, owner of Apan Jewelers, in a case filed against him for raping two students at the Raintree Hotel in Banani. At that time, the court instructed the police not to take up any rape case after 72 hours. Ain o Salish Kendra (ASK) is shocked by the direction of the court. Such a statement from the Court is completely unacceptable.
According to the Code of Criminal Procedure, there is no specific time limit for taking a case of any crime in the existing legal system. There are instances of cases and trials being conducted even after many years of crime. While there has been repeated emphasis on ensuring speedy trial in the prevention of rape of women and children and the High Court has issued several landmark directives in this regard, the court’s observation in this case has disappointed us. According to Article 111 of the Constitution, the direction of the High Court is binding on the lower courts. Such observation of the court in this case is out of judicial mindset and is in fact, a clear violation of the directions of the High Court. Moreover, the court’s comment about the two complainants not being credible enough as they are habituated to having physical relations, is completely undesirable. ASK thinks that such observations made by the court are likely to send a wrong message, which will create doubts and obstacles in prosecuting sensitive and heinous crimes like rape and establishing justice. According to media reports, the court in its observation said not to accept a case without a medical report. However, the medical report is not the only evidence in rape cases, there are other evidences which are helpful in the trial, and are mentioned in various judgments and directions of the high court.
Ain o Salish Kendra (ASK) firmly believes that such observations and directives of the court strongly contradict with the existing law and justice system.

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