পাতা:বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্র (প্রথম খণ্ড).pdf/৩২৫

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বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্রঃ প্রথম খণ্ড
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opinion clearly indicate that the line of firing was that as stated by the Superintendent of Police and that the Police did not leave their appointed positions at the time of firing and certainly did not enter into the Medical College hostel compound for that purpose.

 46. Mr. Ghani has suggested that the mere fact that shots actually landed inside the compound of the Medical College Hostel itself disproves the Police case that they merely fired along the road on one side and in the direction of the University playground on the other. It cannot be denied that shots did land in the Medical College Hostel compound but it does not appear to me from the statements that have been made in this case from my personal inspection of the hostels that the Police deliberately entered the Hostel com-pound and fired from the path. It is possible that a portion of that compound came within the range of fire as the Police, from the position which they took up in front of the Medical College gate, fired along the direction of the road.

 47. Once more with regard to the firing it is claimed that the Magistrate under whose direction the actual order was given (P.W.2-Mr. Quraishi) is a new Magistrate of limited experience who had only assumed charge as District Magistrate the day before and who was immediately under the necessity of promulgating orders under section 144 of the Code of Criminal Procedure. It is true that the District Magistrate has so far had very little experience as a Magistrate but nothing has transpired in the enquiry before me to show that he lost his head in the emergency with which he was confronted or that he allowed himself to be prevailed upon by the D.I.G, and the S.P. to give them permission to open fire. It was suggested to the S.P. that he opened fire because he was exasperated at the continuous brickbatting and because the Police force had been stoned by the students and others. He denied that this was the case and Stated that he fired because neither of the two alternatives, which presented themselves to him was feasible. He had used a large quantity of tear gas on the crowd facing him with no effect. His last determined lathi charge had proved a failure. He could either run away with his force or leave the field in possession of the persons whose declared object was to violate the orders under section 144 of the Code or could be stand still and allow his force to be overwhelmed. As a Police officer he could accept neither alternative. That the position was serious is shown by the fact that not only were the District Magistrate, the D.I.G, the S.P., the D.S.P. injured by brickbats but 24 out of the total Police force of 60 had, by 3.20 p.m.. become casualties. In these circumstances if the Superintendent of Police gave the order to open fire in order to prevent his force from being overwhelmed by the crowd I do not think that it can, on the almost uncontested Statements which have been made before me in this quasi ex-parte enquiry, be held that he was not justified in opening fire.

 48. I have now to see whether the firing was excessive or not. It has already been pointed out that at first the Police stationed on both flanks of the firing squad fired one round. One man fell dead on the University playground side and the rush on that side was promptly stopped. The rush on the other side, the Medical College Hostel side, was temporarily stopped, but the advance began again and brickbats were thrown at the Police and so firing was opened for the second time on that flank. I have satisfied myself from the relevant entries in the registers that 27 rounds were fired in all and that as a result of those 27 rounds 9 casualties were caused which have resulted in four deaths. Remembering that when the Police open fire they do so with the deliberate intention of