Cases filed in the same old trend: Ensure safety of the accused

EditorialProthom Alo illustration

The way cases are being filed indiscriminately against the ministers and leaders of Awami League, questions have been raised whether it is in favour or against justice.

Everyone has the right to defend themselves in court. But there are allegations that many people are not getting that chance in this transition situation of government change.

Lawyers are an essential part of the judiciary. They take a stand for the plaintiff or the defendant of a case. However in a number of cases, a section of the lawyers are playing such a role that no one’s able to stand up for the defendant. This is extremely reprehensible.

A few days ago a former minister and one of the joint general secretaries of Awami League, Dipu Moni, was assaulted in the court premises. The concerned agencies failed to even provide her the dignity and protection she deserves as a woman.

Earlier, the way former law minister Anisul Huq and former adviser to the former prime minister on private industry and investment Salman F Rahman were treated is also undesirable.

The lawyers who wished to take a stand for them have also been assaulted at the hands of their opponents even though they are also lawyers. How will justice prevail, if such a condemning incident takes place on the court premises?

Only last Saturday, retired justice from the Appellate Division of the Supreme Court AHM Shamsuddin Chowdhury alias Manik was severely beaten and assaulted while being taken to the court in Sylhet. He was seriously injured from the beating and even had to undergo a surgery later.

After an accused is arrested the responsibility of his security lies on the members of the law enforcement agencies. They have failed to perform that duty.

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A section of the lawyers are indeed responsible for these uncalled for incidents on the court premises. Lawyers cannot forget the oath they took while entering this profession.

If the accused has committed a crime, then it will be proved in the court and they will be punished according to the law. But being lawyers, they cannot just commit mob trial or public harassment in the court.

During the regime of Awami League government, many prominent figures including journalist-cum-lawyer Mainul Hosein have fallen victims to public harassment on the court premises.

This was an expression of that government’s discriminatory attitude towards the accused persons. And, there have been protests against that inside and outside of the country.

That trend being continued even after the fall of that government through a student-led mass uprising cannot in any way be acceptable. The interim government has to take the issue seriously.

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With concern we are noticing that no matter who file these cases, unidentified people have been included as accused. Later, whoever is arrested they are shown as accused in one or more cases and put on remand as well.

This is nothing but a continuation of the cases filed on political consideration during the preceding regime of the Awami League government.

Questions being raised about the filing of a murder case against the former law minister and the adviser on private industry and investment to former prime minister Sheikh Hasina. They have been identified as the ‘instigators’ of the murder in the case statement.

It appears that even after the change in government, not that much of a change can be noticed in the behaviour of the law enforcement agencies and the courts in Bangladesh. There was no justice during the previous government’s regime. The police and the courts were used whimsically on political interest.

There is no scope for continuing with that trend now. We believe there is no scope to add new names to the list of unnamed accused. Cases have to be filed based on specific allegations.