November 27, 2024 5:38 pm
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Bangladesh Judicial System and Police Cases: A Pain for Public

Dr. A. K. Abdul Momen

The leading dailies of Bangladesh including the “Prothom-Alo” and the “Daily Star” reported (23 Nov, 2024)
that one Kulsum Akhter (21) filed a case at the Chief Judicial Magistrate’s Court in Dhaka on October 24 accusing 130 people killing of her husband Mr. Mohammed Al Amin on 5 August, 2024 the day when the Sheikh Hasina’s 16-year long government was overthrown by a student-led agitation demanding reform of quota system in the government jobs. Like many other countries it did set aside a percentage of government jobs for the siblings of veterans, and also residents of less developed regions of the country.

Kulsum, the plaintiff claimed that her husband was killed by Sheikh Hasina and her 129 party supporters on 5 August in Gazipur, Dhaka. Interestingly, her husband was living and working in Sylhet at the time, 220 kilometers away from Gazipur and he had no knowledge of her wife filing a false case claiming him as a dead man. Once he learned it, he showed up at a nearby police station alive and claimed that his wife’s submission was false.

In fact, when his wife was visiting Gazipur for a job, where most of the garment or RMG factories are located, she met two people in the bus ride, and they assured her a job. They wanted her to submit to them her and her husband’s personnel information which she did. Once she submitted those, they took her to the Chief Magistrate’s Court in Dhaka and filed murder case of her husband against 130 people whom she never met or ever known. Once her husband Al-Amin learnt of it, he showed up at a local Police station and stated that he is alive and his wife at the insistence of two other extortionists; Ruhul Amin (64) and Saifuddin (40) filed a murder case in order to make money. The officer-in-charge of the Ashulia Police Station. Abu Bakar Siddique informed the media that Kulsum’s husband was falsely declared dead. He is alive and has been working in Sylhet.

In the meantime, the plaintiff and her associates have amassed 1,700,000 (seventeen lakh) taka or around $15,000 from few accused to drop their names from the said murder case. Ruhul Amin’s son who claims himself as a Coordinator of the Anti- Discrimination Student Movement as per media report demanded 2 lakh taka each for dropping the names as an accused. They hoped that from their false murder case filing against 130 people, they can extort at least 260,000,000 lakh taka (or $220,000) overnight. This is a lucrative business off-shot of the recent political uprisings.

Filing of false and fabricated murder cases have become the hallmark of the current Interim government of Dr. Mohammed Yunus, the Noble Laureate. Since Sheikh Hasina’s departure, nearly 30,000 murder cases have been filed against nearly 300,000 people mostly supporters of the past government out of vengeance and to make easy money. No wonder, out of fear of life and dignity, thousands of them have become fugitives from unethical justice.

On hearing the news that Kulsum has been detained by police for submitting a false case of murder against 130 people, one Mr. Liaquath Dewan who is accused no 57 in this murder case of 130 has showed up and demanded his money back and wanted dismisal of the case. But Police Officer knowing that the case is false cannot drop the case unless orders are received by him either from the Higher Court or from the highest police authority.

Kulsum’s case is not unique. Reportedly 13 such dead ones have recently showed up alive as per social media. The number of dead due to students agitation is increasing every day as the government would pay taka 5 lakh to each dead ones. No wonder, as per police report 329 people were killed during the agitation from 16 July to 5 August, and as per UNHRC initial report 650 died during 16 July to 11 August, and Dr. Yunus Health Adviser mentions 800 dead, but the number is increasing every day. At present Dr. Yunus is claiming 1500 while the student leaders claiming 2,000 dead. In 1971 during our War of Independence, there were around 110,000 freedom fighters but interestingly, due to aging many have died yet, the number of freedom fighters has been increasing and increased to a few hundred thousands as government declared varieties of benefits for them. If a correct estimate of death during the quota movement is not complied now, I am afraid, given government benefits, this number could exceed few hundred thousands within years.

There are hundreds of similar cases like that of Kulsum. Reportedly Dr. Mohammed Yunus and his interim government is fully aware of such false cases yet they are either blind towards the issue or don’t know what to do. As a result the government’s credibility is going down and going down sharply.

A few law enforcement officers say that in many cases knowing fully well that such cases are totally false yet they cannot stop these extortionists from filling cases as few judges order them to take up the cases. No wonder, Yunus Security Adviser Gen. (retd) Jahangir is frustrated at it and said, ‘once police used to file false cases (to extort money) and now public are filing false cases’. However, he is yet to take any positive action to stop such bad and inhuman practice. Not a single false case has been dropped yet. A couple of judges stated that unless they order the police to take up these false cases, they may lose their jobs. So out of fear of losing their jobs, they are promoting unethical practices. But interestingly, the lawyers on both sides, the plaintiffs and the defendants are happy with it as once a case is filled, it will take many years to end and thus they can get continuous income in perpetuity.

In Bangladesh, there are nearly forty five lakh (or 4.5 million) cases pending in the courts for years causing untold suffering and pains to millions of families. This additional 30,000 new cases involving thousands of citizens, no doubt will add to the never ending harassment and public pains. In this milieu, the genuine justice seekers are likely to be denied of receiving justice.

Bangladesh is a unique country where judiciary is now in a mess. Bye and large, people have lost their faith in it. Therefore, they want reform. About 15 to 20 justices of the superior courts have recently been forcibly retired including the Chief Justice. People are hoping that the new Chief Justice could make a difference to uphold rule of law and judicial integrity. This lucrative murder case business could be his first challenge. Let up hope that he would dismiss all false cases to help improve judicial credibility.

In order to stop such lucrative business of false cases, the Chief Justice or the Yunus government could pass an order to its judges and police officials that if there is any evidence of falsity in any such murder case, the filers may be penalized and their testimonies never be allowed to be processed in the court. If such an order is issued, the proliferation of false cases and extortion of money may reduce. Will the government issue such an order or delay the process in the name reforms?

Dr. A. K. Abdul Momen
A human rights activist

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