Preliminary probes to clear trumped up case accused: Asif Nazrul

The advisory council of the interim government on Sunday approved an amendment to the Code of Criminal Procedure (CrPC), incorporating a provision to clear the accused in trumped up cases at the preliminary investigation stage if no involvement is found.

Law adviser professor Asif Nazrul disclosed this at a press briefing at the Foreign Service Academy in Dhaka, following a meeting of the advisory council.

Asif Nazrul said the new provision states: if a commissioner, superintendent of police (SP), or a police officer of equivalent rank believes it is rational to seek a preliminary report from an investigating officer regarding a case under their jurisdiction, they may do so.

Once the report is prepared, the officer will be instructed to submit it to a magistrate. If the magistrate finds that someone has been wrongfully implicated in the case without credible evidence, the magistrate then may release the person immediately, he added.

The law adviser further said, “We expect that our police administration and judicial administration will work together. In cases where arrests or lawsuits are being misused to make money, the courts can free individuals at the pre-trial stage.”

He hoped that if this initiative is implemented, many innocent people will be spared from harassment.

He said that this would also provide relief from the trade of filing false lawsuits, but this does not mean investigations will be halted. Investigations will continue. If the police later find credible evidence against someone who was previously cleared, that person’s name can be added to the case.