HC hearing petition on 'fictitious' cases against BNP men

The High Court yesterday started hearing a writ petition filed over the “fictitious” cases against activists of BNP and other political parties across the country, particularly in Dhaka.

After concluding yesterday's proceedings, the bench of Justice Md Nazrul Islam Talukder is scheduled to resume the hearing at 2:00pm tomorrow.

Attorney General Mahbubey Alam will place arguments tomorrow as Advocate Khandker Mahbub Hossain, one of the petitioners, finished his arguments yesterday, Deputy Attorney General (DAG) AKM Amin Uddin Manik told The Daily Star.

During the hearing yesterday, Khandker Mahbub said thousands of false cases were filed arbitrarily against lakhs of opposition political activists in a mala fide manner. Even, a few dead people have reportedly been made accused in the cases, he said.

The lawyer prayed to the HC to issue a rule on the government to explain the legality of these cases and why legal action should not be taken against the police officers who filed the cases.

DAG Amin Uddin opposed the petition saying that every case will be investigated, and if any innocent or dead person is made accused in the cases they will be exempted.     

Earlier on October 9, a two-judge HC bench delivered a split order on the same petition.

Justice Moyeenul Islam Chowdhury, senior judge of the bench, in his order directed the inspector general of police (IGP) to engage the investigation officers concerned in monitoring and inquiring into the alleged fictitious cases filed in Dhaka.

He asked for a report in 60 days and set December 17 for issuing further orders.

The judge also issued a rule on the authorities concerned to explain in four weeks why filing of such cases should not be declared illegal and actions should not be taken against the police officials concerned. 

The other member of the bench, Justice Md Ashraful Kamal, summarily rejected the petition, saying it was not acceptable as the petitioners had no right or ability to move such a petition before the court. The judges then sent the petition along with their orders to the chief justice.

After receiving it, Chief Justice Syed Mahmud Hossain assigned the bench of Justice Nazrul Islam Talukder for hearing and disposing of the petition.

Three pro-BNP lawyers, who are also accused in the cases, filed the petition, seeking the court's directives on the government to form a probe body to investigate the legitimacy of the around 4,000 cases.

The pro-BNP lawyers are: Advocate Khandker Mahbub, Advocate Nitai Roy Chowdhury and Advocate Sanaullah Mia.

They submitted the petition on September 23, saying 4,000 fictitious cases had been filed across the country in September against leaders and activists of BNP and other political parties in order to create panic ahead of the upcoming parliamentary election.