The scourge of false cases and arbitrary arrests

Illustration: TBS

During the July Uprising, the detention of a teenager named Hasnatul Islam Faiyaz in a false case engendered a lot of controversy. At that time, Faiyaz, listed as the accused number 16 in a case filed in connection with the killing of a police member (Gias Uddin) during a clash between police and demonstrators, was picked up by plainclothes men on the night of 24 July last year. The photo of the teen in handcuffs and ropes went viral immediately. 

One year later, a Dhaka court has recently discharged Faiyaz from a police murder case under Section 173(A) of the recently amended Code of Criminal Procedure, as the police found no evidence of his involvement in the initial stage of the investigation. 

While Faiyaz has been lucky enough to get his name dropped from the case, it stands as a cautionary tale of how the police file false cases and arrest anyone they want. In this connection, it is also worth mentioning that not everyone is as lucky as this teenager since many innocent people are languishing in jail for months and even years just because the police picked them up based on suspicion. 

Whenever police file a false case, it not only undermines the criminal justice system but also leaves knock-on impacts on the family members and close ones. 

Take, for example, the case of Abbas Uddin (pseudonym), who was picked up by police from the Khilgaon area in March on charges of his alleged involvement in a case filed by a local who was attacked and injured during the July Uprising (according to the first information report). 

Though his name was not on the list of the accused named primarily, the police detained him. What's more shocking is the fact that Abbas was all along at home during the uprising, and he even has an alibi to testify to his presence at home. 

Police often arrest people indiscriminately, especially in cases where individuals are named vaguely or even anonymously, paving the way for the police to abuse power and harass innocent people. 

For Abbas, the situation led to unexpected outcomes. His aged mother, along with his teenage daughter, was left alone at home, with no one to take care of them. Owing to old-age complications, the accused's mother has to make frequent visits to the hospital. 

But now there is no one to take her to the doctor, leading to more comorbidity. Meanwhile, his daughter's studies have come to a complete halt. 

Abbas' case is not a lone example; rather, this is a pattern – an old practice that the police often resort to for serving partisan and personal interests as well. During the fascist regime, the practice of filing false cases with the intent to create trouble for ordinary people, politicians, and activists became so widespread. Unfortunately, the police are still adhering to the same old playbook. 

Barrister Jyotirmoy Barua, a Supreme Court lawyer and human rights activist, said, "This is an old practice. Police file such cases to harass ordinary people. Police could not really change their character. Police could not yet come out of the practice they followed during the fascist regime in the last 17 years. As a result, harassment under the guise of upholding law is continuing unabated."

"During the last regime, police filed cases against unnamed individuals, and then they detained people indiscriminately to extort money by intimidating them. Police also turned remand into a regular practice, which was once an exception. That practice is still prevalent in our country. The minimum protection offered in our legal system against such false cases is rarely applied. Misusing a criminal case as a tool of harassment is a serious injustice", he added. 

His claim indeed holds water, as we have seen such examples in the post-uprising period, where the plaintiff does not know anything about the accused. 

Mostafizur Rahman Bappi, brother of Mahfuz Alam Srabon, who died during the July uprising, filed a case with a Dhaka court naming actor Iresh Zaker alongside deposed prime minister Sheikh Hasina and 406 others on 20 April, nine months after his brother's death. 

When asked whether he knows the accused, Bappi said, "How can I possibly know everyone, brother? The incident happened in Dhaka, and I live in Naogaon. The police, taking responsibility, added the names of those whose involvement they found. The advocates also added some names. I, too, provided some information based on newspapers, focusing on those affiliated with the Awami League." 

This example clarifies how the police, often driven by mala fide intent, file false cases and make arbitrary arrests just to take advantage. Even stats attest to this phenomenon. 

Law Adviser Dr Asif Nazrul said at a programme held in the capital last month that the law, justice, and parliamentary affairs ministry would withdraw at least 20,000 false and politically motivated cases in the next six months, insinuating that false cases and mass arrests have become almost a commonplace of our criminal justice system. 

It is really unfortunate that even though the fascist government has been ousted, the police remain unchanged, functioning in the same old way without any regard for people's aspiration to build a just Bangladesh where the rule of law will reign supreme. 

During the last regime, police filed cases against unnamed individuals, and then they detained people indiscriminately to extort money by intimidating them. Police also turned remand into a regular practice, which was once an exception. That practice is still prevalent in our country. The minimum protection offered in our legal system against such false cases is rarely applied. Misusing a criminal case as a tool of harassment is a serious injustice.

Barrister Jyotirmoy Barua, Supreme Court lawyer and human rights activist

Speaking to The Business Standard, Nur Khan Liton, a human rights activist and the former chief of Ain o Salish Kendra (ASK), opined, "Many such cases have been filed in the last 8-9 months where the process of identifying the accused has been problematic. We have information that ordinary people have been intimidated with threats to implicate them in false cases; however, they were offered respite from such harassment in exchange for extortion money.  

"Such a trend is more prevalent in cases related to murder or violence committed during the July Uprising. In some cases, the plaintiff does not even know those who have been accused in a particular case. Some vested quarters are taking advantage and persuading the plaintiff to file such false cases just to make a killing." 

He went on to say, "After any incident, the police are filing cases against hundreds of unnamed individuals. As a force, they are functioning in the same old way that was in practice during the fascist regime."

We have seen an exact portrayal of this in the aftermath of the Gopalganj violence. So far, police have filed eight cases, pressing murder charges against around 5,400 unnamed individuals. 

The way forward 

Against such a backdrop, it is important to address this problem with due diligence. This troubling and increasingly widespread phenomenon of false cases, unless clamped down on, will lead to further decay of our legal system.    

Experts opine that a complete overhaul of the system is imperative to stamp out this practice. 

"We need to overhaul the whole system. Police in the last 17 years have been rewarded for serving partisan interests, and many policemen have been promoted as an incentive for committing criminal offences like beating politicians in broad daylight. We need changes in the whole criminal justice system; otherwise, police will not conform to standard practice", said Jyotirmoy Barua.   

He further said, "In England, when someone brings criminal charges against anyone, the police there do not file a case immediately. The police first forward the complaint (charge) to the Crown Prosecution Service. The CPS first considers the charges and decides whether the case has any merit. If the charges are meritless, the CPS will ask the police to let off the accused with a verbal warning. It means even if someone files a false case, the accused will not have to go to jail immediately. 

"We could introduce a similar check and balance system that could be run from the attorney general's office or through a team consisting of public prosecutors, who will oversee whether a particular case or charge has any merit. Such a process can mitigate the sufferings of the masses to some extent and offer some protection in case someone tries to harass an innocent by filing a false criminal case." 

Human rights activist Nur Khan Liton advocates for a similar approach. "The government needs to form a committee immediately that will give their opinion after scrutinising the first information report (FIR) so that the process of submitting a charge sheet (for cases that have merit) can be expedited, excluding the names of the innocents," he opined.  

"To solve this crisis, power should be handed over to an elected government as soon as possible. The elected government will decide how the police will function and discharge their duties," suggested Nur Khan Liton.

Despite calls and texts from TBS to the AIG (Media and PR) of Police Headquarters for comments on this issue, he could not be reached.