HC questions Chandpur magistrate over recording confession of tortured accused

The High Court today questioned Chief Judicial Magistrate of Chandpur Md Nure Alam for recording the confessional statement of a murder accused, Md Farhad Hossain alias Kholu, although he (Farhad) made the confession after being physically tortured and fearing remand.

The HC ordered Md Nure Alam to explain in writing in a month why he recorded the confessional statement from Farhad Hossain in this situation.

It also granted bail to Farhad in the case filed for killing Md Sohel Rana in Chandpur in 2019, and asked the Shishu Adalat (children court) of the district to determine his (Farhad) actual age.

The bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman came up with the order after examining the documents annexed with a petition filed by accused Farhad seeking bail in the case.

Citing the documents, Farhad's lawyer Rimi Nahreen told The Daily Star that three accused -- Farhad Hossain alias Kholu, Mehedi and Rubel -- allegedly killed Sohel Rana by slashing his neck at Pearikhola village under Matlab police station in Chandpur on August 18, 2019 for a mobile worth Tk 10,000 to 12,000 on August 18, 2018.

Farhad made a confessional statement to Chief Judicial Magistrate Md Nure Alam on September 3, 2019 in connection with the murder case.

In the forwarding report, Md Nure Alam said it was evident from the wounds under Farhad's wrists that he was beaten up after being hung by his hands and he made the confessional statement fearing remand. 

Deputy Attorney General Sarwar Hossain Bappi told this correspondent the police said in the charge sheet that Farhad's age was 19-year-old, but the chief judicial magistrate said in his report said Farhad was 16-years-old at the time of the incident.

The confessional statement of an accused must be given voluntarily and truly and if any accused wants to make a confession after being tortured, his confessional statement cannot be recorded, he said.

If the accused is under 18 years, he or she will be tried at the Shishu Adalat, he said.

The HC asked Farhad's lawyer to submit an application to the Shishu Adalat to determine his actual age at the time of the incident.