BGB can now file criminal cases
Time:2023-05-24 18:07

The court earlier noted that the Border Guard Bangladesh Act did not explicitly grant the force the power to file cases


The High Court has withdrawn an order that said the Border Guard Bangladesh (BGB) could not initiate criminal cases, marking a pivotal development in the force's jurisdiction. 

The bench of Justice SM Quddus Zaman and Justice Shahed Nuruddin on Wednesday lifted the stay on the BGB's filing of cases.

The court decision comes in the wake of a temporary suspension on the filing of criminal cases by the BGB, imposed after a hearing on Tuesday. 

However, the court upheld the ruling issued on the BGB's jurisdiction to file cases. 

During the court proceedings, Deputy Attorney General Sujit Chatterjee Bappi represented the state's interests. 

The case under consideration stems from an incident in 2022 when the BGB seized a substantial amount of Indian goods and filed a case at Akhaura railway police station in Brahmanbaria, invoking Section 25(B) of the Special Powers Act.

Challenging the validity of the complaint, the accused, Kamruzzaman Khan, appealed to the High Court. The hearing of the appeal focused on the BGB's legal authority to initiate criminal cases. 

State Counsel Sujit Chatterjee Bappi argued that according to Section 154 of the Code of Criminal Procedure, any individual or entity, including the BGB, can file a case.

However, the court noted that the Border Guard Bangladesh Act did not explicitly grant the BGB the power to file cases.


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