Dubious cases are an injustice to July massacre victims
A report in The Daily Star, titled "Dubious cases weaken quest for justice," cites the case statement of 45-year-old Mohammad Habib, killed during the July uprising, as an example of a dubious case. Habib, an organising secretary of a front organisation of the Liberal Democratic Party, was shot dead when police, along with Awami League men, opened fire on the protesters in the capital's Kadamtali area on July 20.
On August 28, Habib's wife, Ayesha Begum, filed a case against 57 people at Jatrabari police station. Out of the 57 accused, 50 are from the Chandina Upazila of Cumilla.
For all latest news, follow The Daily Star's Google News channel. Ayesha told this daily that she did not know whose names were included as accused in the case. A friend of her husband, who is from Cumilla and a leader of Liberal Democratic Party, entered the names of the accused. Ayesha only signed the complaint copy.
This is not an isolated incident. During the quota reform movement, police filed hundreds of cases against students and general people under false accusations. Most of those cases were withdrawn after Hasina's fall. However, after August 5, cases are being filed against hundreds of people in the same manner, as seen in media reports.
In Bogura, several protesters died from police firing during the protest according to family members, witnesses, and media reports. But when their relatives and family members filed cases after the fall of AL, they did not accuse the police. Instead, they accused hundreds of local AL political leaders and activists. In some instances, they accused several journalists. Therefore, several questions have arisen about the merit of the cases, one of them being, "Will the victims get justice?"
ZI Khan Panna, a veteran Supreme Court lawyer, shared, "It is impossible to ensure justice for the real victims through cases that seem to be aimed at harassing people."
So, what happens if a person is falsely accused in any type of criminal case in Bangladesh? First and foremost, the person and his/her family members are generally harassed in various ways. The falsely accused and their families remain under immense mental pressure. However, if the accused takes recourse through a lawyer in court, they suffer financially, and face social stigmatisation as well. They are also rendered unable to perform normal activities, and by extension, unable to support or care for dependents or other members of the family.
Many of my journalist friends who have been accused in such cases have fled from their workplaces to avoid unexpected arrests. Their family members are also in great distress.
Most of the cases filed after the mass uprising are murder cases. There are many sections and charges imposed in these cases that are non-bailable in the lower courts. As a result, the accused has to proceed to the High Court for bail. However, many of them can't afford a High Court lawyer.
The lengthy legal process in our country should be reformed because it impacts not just the victims and their families, but also the accused. These reforms in the legal and judicial systems are long overdue. Now is the right time to make these reforms because the interim government running the country has announced its intention to ensure citizens' rights, including their right to justice.
On the other hand, the person who files a case to get justice is squarely liable for the harassment of an innocent person. It is a kind of ethical crime on part of the complainant even if he/she commits it knowingly or unknowingly while seeking justice.
Even in 2013-14, the AL government accused many BNP-Jamaat leaders and activists of arson and sabotage cases for which thousands of people and their families have faced harassment and injustice for almost a decade. Most of these cases never went to trial.
However, currently, during the interim government period, we see that many BNP and Jamaat activists are being acquitted in these cases after being harassed for many years. The AL carried out the practice of harassing its rivals with false cases for the last 15 years. This practice should not continue for the greater interest of justice, considering the supreme sacrifice made to bring about an era with renewed hope for fairness.
What is the future of these recently filed murder cases? Will the victims get justice? And will those who were not involved in the incident get fair trials?
When asked about whether the proceedings of these cases can finally be concluded, a few police officers shared that it is not possible to conduct proper investigations into these cases. If the police fail to find any involvement of the "so-called accused," they might come under the wrath of those who filed the cases, possibly under false allegations. Moreover, there are so many accused in these cases that it can take years to investigate a single case.
Some lawyers and judges opined that these cases will continue for a long time and many innocent people may be victimised. Although the crimes mentioned in these cases did occur, many of the accused are not the ones directly/apparently involved.
Even if the charge sheet is submitted, these cases would not see positive results because the plaintiff and the witnesses would not be able to identify the accused in court. As a result, they will not be able to say anything substantial about the accused. In that case, the investigating officer will give the Final Report True (FRT). The FRT implies that the crime took place but police did not find any involvement of the persons accused in the case. Under the circumstances, the case will become dormant. In that case, even the actual accused will never be brought to book.
If the plaintiff disagrees with the charge sheet and submits a Naraji petition, the trial will be frozen for a long time. The trial will only restart if any new clue is found. Thereafter, many unidentified people will be listed in the charge sheet. Then again, innocent people will be harassed. As a result, it is not clear when the victim's family will get justice. Therefore, there is every possibility for justice to get delayed—and for justice to get denied.
Meanwhile, a group of people will benefit from the greftaar o jamin banijyo (arrest and bail business).
Another issue raised was the police's heavy involvement in the July massacre. So the police should not investigate the cases for the sake of fairness, as a judge friend shared.
So, what is the solution? Will the judicial investigation be effective?
Under previous governments, the legal system was used to repress dissent. During that time, judges often could not act independently.
However, legal experts opined that there should be a judicial investigation into these cases. The government should create an environment in which the judges can work independently. Logistical support should be provided to the judicial magistrate. Additionally, a medical team should be assigned to prepare forensic reports of all the incidents and assist the judicial probe.
At the same time, the lengthy legal process in our country should be reformed because it impacts not just the victims and their families, but also the accused. These reforms in the legal and judicial systems are long overdue. Now is the right time to make these reforms because the interim government running the country has announced its intention to ensure citizens' rights, including their right to justice.
A report in this daily mentioned that the police headquarters on September 10 ordered officers to drop the names of individuals against whom there was no evidence. It's a good move by the interim government and we appreciate the decision. It should be implemented as soon as possible so that people falsely accused can get back to their normal lives, and those who were wronged during the July-August uprising can get proper justice.
Mostafa Shabuj is a journalist at The Daily Star.
Views expressed in this article are the author's own.
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