Indiscriminate cases: Ensure bail in the interest of justice

Former Speaker Shirin Sharmin Chaudhury was recently arrested in cases filed over the events of July–August 2024. Her quick release on bail after the arrest can be seen as a positive example. The question, however, is whether this same principle is being applied equally to everyone. The answer is "no".

Recently, Selina Hayat Ivy, former mayor of Narayanganj City Corporation, was shown arrested in yet another murder case while already in custody. This brings the total number of cases in which she has been shown arrested to 12. Being shown arrested in a new case immediately after securing bail in another must be considered a negative precedent.

Following the mass uprising of 2024, during the tenure of the interim government, many individuals associated with the Bangladesh Awami League (AL) were arrested in cases of murder and attempted murder. While some among them may indeed have been involved in crimes, the reality is that a large number of people have fallen victim to sweeping and motivated cases.

Therefore, in the interest of justice, it is now crucial to ensure bail for detainees and to carry out an impartial reassessment of these cases.
In Bangladesh’s criminal justice system, bail is not an act of mercy or charity; it is a fundamental legal right. Until proven guilty in a court of law, a person is presumed innocent. In cases filed over the July–August 2024 events, many individuals have been arrested without sufficient grounds and kept in detention for prolonged periods. This has caused serious harm not only to the individuals but also to their families and social standing.

One of the major problems with mass cases is that they allow real perpetrators to remain out of reach. In many instances, those who directly ordered or carried out shootings are still at large, while individuals against whom allegations are weak or baseless remain behind bars. This reality is eroding public trust in the justice system.

Law enforcement should have exercised greater caution and responsibility in accepting such cases, but in many instances, that did not happen. In response to such concerns, the previous interim government had pledged to review these cases. Considering age and health conditions, bail was granted to some. However, this process has not been sustained, leaving many detainees deprived of their right to bail. A thorough review must now be conducted, and bail should be granted promptly, with priority given to women, children, the elderly, and the ill.

Now that a new government has assumed office following the elections, public expectations are that this issue will be resolved fairly. In the new reality, the focus should shift from politics of revenge to politics of reconciliation. At the same time, investigations must be completed swiftly and impartially.

The Code of Criminal Procedure also provides provisions for action against false cases. Those who have deliberately implicated innocent individuals must be held accountable under the law. This will help prevent such misuse in the future and restore public confidence in the justice system.

Investigations into several cases related to the July uprising are now in their final stages. At this point, the most urgent task is to identify the real perpetrators and bring them to justice, while ensuring the release of innocent individuals. The government has already announced that no one will be arrested without proper verification. The time has come to demonstrate the implementation of that commitment.

It is essential to move away from the culture of sweeping cases and ensure evidence-based justice. Ensuring justice is not only about punishing the guilty but also about protecting the innocent. Bail plays a central role in this regard, as it allows the accused to defend themselves and prevents unnecessary detention. Ultimately, to establish the rule of law, both impartiality and humanity in the justice system are equally vital.