The High Court on Monday issued a Rule Nisi calling upon the Foreign Secretary, Inspector General of Police (IGP), Federal Bureau of Investigation (FBI) and others to show cause within two weeks as to why the arrest,

detention and pushback of Ehsanul Islam Sadequee from Bangladesh should not be declared to have been made and done without lawful authority and of no legal effect, and why the government of Bangladesh should not be directed to bring Ehsanul Islam Sadequee before the court so that it may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner.

A Division Bench of the High Court comprising Justice Md. Abdul Matin and Justice ATM Fazle Kabir issued the Rule Nisi upon a Writ Petition filed by MK Hasan, an advocate of the Supreme Court of Bangladesh, according to a press release issued on Monday.

The Writ Petition was filed as a 'Public Interest Litigation', which was moved by Barrister Abdur Razzaq, Senior Advocate of the Supreme Court. It was stated in the Writ Petition that the FBI has been made a party because Ehsanul Islam Sadequee was unlawfully arrested by the police and later on he was handed over to FBI, which unlawfully detained him in Bangladesh before forcibly and illegally flying him to the USA.

It was further submitted that the FBI and its officers have violated the Constitution of Bangladesh within the territory of Bangladesh. They have shown utter disregard to the sovereignty and the Constitution of Bangladesh. Advocate Razzaq submitted that Bangladesh is an independent and sovereign republic. A foreign state has no jurisdiction over Bangladesh whether of a territorial or political nature.

The actions of the Respondent in abducting Sadequee from Bangladesh and then forcibly flying him over to the USA amounts to violation of the territorial and political sovereignty of Bangladesh. The independent and sovereign character of Bangladesh has been eroded by Bangladesh police in allowing FBI to abduct Sadequee from Bangladesh.

It may be mentioned that Ehsanul Islam Sadequee was arrested by police on April 17, 2006 and handed over to FBI from the Kalachandpur Bridge Police Check Post near the Baridhara DOHS, Dhaka. Subsequently, he was flown to the USA by a chartered CIA plane on April 20, 2006 without any order from any court of Bangladesh.

Barrister Abdur Razzaq was assisted by Advocate Mohammod Hossain, Barrister Ehsan Siddiq, Barrister Tanvir Ahmed Al-Amin, Barrister Imran Siddiq, Advocate Habibur Rahman and Advocate Abdullah Al Mubin.