Bureaucrats in fear of cases and arrests

After the fall of the Awami League government amid the student-people's uprising, a series of cases have been filed against top officials in the public administration, most of which are murder cases.

This wave of indiscriminate lawsuits has created a climate of fear among officials.

Sources said that it is inappropriate to file blanket cases against top officials due to the controversial roles played by some officials during the previous Awami League government.

Those who exceeded limits or acted excessively during that time should certainly face justice.

Already, lawsuits have been filed against five principal secretaries of the ousted prime minister Sheikh Hasina, three of whom have been arrested while two others are in hiding.

Public administration officials said that such murder cases have never been filed against high-ranking officials in the past, nor have they ever been arrested.

According to the public administration ministry, former principal secretaries Kamal Abdul Naser Chowdhury, Abul Kalam Azad, and Nojibur Rahman have been arrested. The other two principal secretaries, Tofazzel Hossain Mia and Ahmad Kaikaus, also face lawsuits. One is abroad while the other is in hiding.

Another top administrative position is that of the cabinet secretary. Two cabinet secretaries from the Awami League government, Khandker Anwarul Islam and Kabir Bin Anwar, have also been sued and are in fear of arrest.

Confusion surrounds a murder case against another cabinet secretary, Mahbub Hossain, at the Jatrabari police station. The plaintiff later claims that he was mistakenly named as a defendant. Hossain completed his last day at the office just before his retirement on Wednesday.

Several other secretaries are also facing murder charges. Since the interim government took charge on 8 August, several secretaries have been placed as "officer on special duty" (OSD) or forced into retirement, and cases have been filed against them.

Four secretaries have already been arrested, including former home ministry secretary Mohammad Jahangir Alam, former senior secretary of the same ministry Aminul Islam Khan, former senior secretary of the disaster management and relief ministry Shah Kamal, and former youth and sports secretary Mejbah Uddin Ahmed.

Lawsuits have also been filed against former senior secretary Mejbah Uddin Chowdhury, Faiz Ahmed, and former secretary Anisur Rahman.

When reviewing the lawsuits against bureaucrats, it appears that most are murder cases. Those involved argue that such lawsuits and arrests of bureaucrats have never occurred since the country's independence.

In discussions with five former secretaries, a public administration expert, two former cabinet secretaries, and five current officials, two differing opinions have emerged regarding the cases and arrests of top officials.

One side argues that over the past 15 years, bureaucrats have behaved like politicians, speaking as if they were Awami League ministers or members of parliament. Furthermore, they facilitated three controversial national elections in 2014, 2018, and 2024. As a result, public trust in the bureaucracy has diminished.

This side also claims that many qualified officials have been denied promotions for political reasons over the past 15 years, a responsibility that the then cabinet secretaries, principal secretaries, and public administration secretaries cannot evade. Overall, bureaucrats have blended in with politicians, and now the entire bureaucracy is paying the price for their actions.

The other side contends that bureaucrats were merely implementing the orders of the previous government. However, those who crossed the limit and acted inappropriately should indeed be held accountable.

The blanket nature of these cases and the arrests are causing panic among other officials, resulting in a stalemate in administrative functions. Even those who have retired are living in fear of arrest.

This group said that the lawsuits and arrests could set a precedent, leading future governments to follow a similar path, which would not bode well for the administration. What is happening now is unprecedented.

However, there is a consensus that indiscriminate lawsuits against bureaucrats are trivializing the issue of crime, making it difficult to prove guilt. The true perpetrators may escape justice.

Former cabinet secretary Khandker Anwarul Islam told Prothom Alo that he has never been to the area where a case has been filed against him. He believes the plaintiff either mistakenly or intentionally implicated him and claims he has never been involved in politics.

According to sources in the public administration ministry, bureaucrats did not face such a difficult situation during the caretaker government in 2007. Back then, the Anti-Corruption Commission (ACC) filed cases against bureaucrats, with only a handful being arrested.

Public administration sources said that in 2007, the then chief advisor Fakhruddin Ahmed had advised secretaries to work without fear in a meeting.

Speaking to Prothom Alo, one secretary present at that meeting, said, "He told the chief adviser that they were in fear. How the bureaucrats would work if they were in fear."

Legal experts have raised concerns about the indiscriminate filing of cases, saying that specific allegations are required when filing murder cases. Now cases are being filed indiscriminately. The government should give clear guideline to the police stations in filing cases.

Over the past 15 years, bureaucrats have exercised authority and acted authoritatively, often behaving like politicians, a point raised by politicians at various times. In 2021, the chairman of the Jatiya Party, GM Quader, remarked that bureaucrats have taken over the political arena, leaving politicians on the sidelines. That same year, parliament members expressed concerns about bureaucrats' overreach and authoritarian behaviour.

Following an attack on the residence of the Barisal Sadar upazila executive officer, the Administrative Service Association issued a statement that faced significant criticism in 2021. Khandker Anwarul Islam himself stated that such statements were inappropriate.

The Superior Selection Board (SSB), which recommends promotions for officials, is headed by the cabinet secretary. One official denied a promotion told Prothom Alo that those who have served as cabinet secretaries, principal secretaries, and public administration secretaries over the past 15 years have acted discriminately and failed to promote qualified officials for political reasons. They claim that bureaucrats aided the previous government in becoming authoritarian, and now they are facing the consequences.

Former secretary and rector of the Bangladesh Public Administration Training Center (BPATC), AKM Abdul Awal Majumdar, stated that governments will come and go, but bureaucrats must remain neutral.

However, over the last 15 years, bureaucratic partisanship has prevailed, and bureaucrats have merged with politicians, resulting in the current predicament. Those in charge now must learn from this and work with professionalism.

*This article, originally published in Prothom Alo print and online editions, has been rewritten in English by Rabiul Islam