Murder case against Iresh Zaker sparks outrage: How citizens are reacting

The murder case filed against Actor Iresh Zaker on 20 April has caused uproar across the country, with many saying such a case was akin to mockery of the justice system.

Taking to Facebook, noted writer and journalist David Bergman wrote, "A criminal case against Iresh Zaker over July/August killings is just yet another example of how things are going so very very wrong."

Speaking at a press conference, Cultural Affairs Adviser Mostofa Sarwar Farooki said the filing of a case against Iresh Zaker over allegations of murder during the July uprising was deeply troubling and disturbing.

Screenshot of Iresh Zaker's Facebook posts during the July uprising

"Now I am part of the government, not an activist. For this reason, I need to speak less and work more. I know Iresh Zaker personally. I know he was also involved in the July movement. So this is deeply troubling, deeply disturbing," he told reporters at the Secretariat today (28 April).

He, however, maintained the case was not filed by the state or government.

Filmmaker Ashfaque Nipun wrote on Facebook, "On 1 August, Iresh Zaker and his wife stood with me and many of us at Farmgate to protest the 'July massacre'... His organisation is being investigated for corruption charges, but the murder case against him is absolutely ridiculous."

Others pointed out the possibility of far more nefarious connections with the case.

Kajalie Shehreen Islam, an associate professor at the University of Dhaka, wrote on Facebook, "It's telling that, other than people with business rivalries, political agendas and personal vendettas, those who are happy at such cases are those who opposed the July/August movement and like to think that the "enemies and traitors" of AL are getting what they deserve. Not to mention how nonsensical cases bring into question the credibility and integrity of our justice system. Those making and letting these things happen should take note."

Actress Rafiath Rashid Mithila said, "First the 'allegation' of corruption, then the July murder case. Funny coincidence, no?"

Many others also pointed out Iresh's active role for the July movement, sharing numerous screenshots of his activities.

Another commenter said, "Now this is where the trust in this government erodes super super fast.  Impossible! Nothing makes sense anymore… All signs are there to go back to business as usual. And someone should stop this farce now."

Former and current Asiatec employees have also voiced their disapproval.

A deluge of false cases began plaguing the interim government soon after it came to power.

Many innocent people were being implicated, often facing extortion to remove their names.

In November, such cases prompted Home Affairs Adviser Lt. Gen (retd) Md Jahangir Alam Chowdhury said no false case should be accepted under any circumstances, and ordered to bring the plaintiffs who filed such false cases under trial.

Meanwhile, the Judiciary Reform Commission recently recommended enacting a practical law to prevent false and vexatious cases, citing that such cases and the resulting sufferings of the accused are common in Bangladesh's legal system.

The Penal Code and the Code of Criminal Procedure (CrPC) include provisions for punishing those who file false cases.

Under the legal system of Bangladesh, the classification of crimes falls under cognisable (this amounts to serious charges such as murder, rape, kidnapping, etc) or non-cognisable (such as theft, assault, defamation, etc).

When a case is filed for a cognisable offence, the police are, in fact, bound by law to register it. "If the charges seem frivolous, the police can register it as General Diary (GD), meaning there will be cognisance of the case, but not a full case," said Muhammad Nurul Huda, former inspector general of police.

Now, if a case is taken to the magistrate, who decides to treat it as an FIR (First Information Report), then there is no option but to treat it as such, he further explained. 

"After investigation, if the case is proven baseless or false, then it will be considered as such. The ones who filed the case will face punishment according to Section 211," Huda added. 

But when a case is filed, it does not necessarily mean immediate arrest. "Being named as an accused in the FIR does not mean the person will be arrested [by default], this is not said anywhere."

At the same time, if the police do not file the case, it leads to other problems. "The police are accused of affiliation or bias. It is a Catch-22 situation," said Huda. 

'Embarassing'

Speaking on the issue, constitutional expert Dr Shahdin Malik said the tendency to add more and more defendants to cases is quite embarrassing for the rule of law in the country. 

"Such cases have also occurred during the Awami League era. Since no one has been brought to justice over these, it is still going on," he said.

He said the criminal law of Bangladesh itself has provisions for taking punitive action against those who file false cases, harass someone or make a case in a conspiratorial manner. 

"If the plaintiff in the case is asked at the police station while filing a complaint whether they were present at the time of the incident, whether they know the 50 known or 150 unknown people being sued – if the police ask these questions, they will not be able to answer."

In this case, Shahdin Malik said the inspector or sub-inspector who takes the case at the police station has to go to court and give evidence. 

"When he goes to court, he has to tell him that I wrote the case and I asked him the questions. But they don't ask anything. The proof will be whether the plaintiff was questioned or not."

If the government takes an initiative and takes legal action against a few plaintiffs, the filing of these cases will decrease, he said. 

"If two or four people are brought to justice for knowingly filing these false cases in large numbers, then it can be assumed that the tendency to file such cases will decrease to a large extent."

The case against Iresh also named over 400 others, including deposed prime minister Sheikh Hasina, including former politicians, police officials, celebrities, business persons and celebrities.