There has been a noticeable trend of indiscriminate filing of lawsuits and arrests. I believe that investigations should be conducted before making arrests in any case. If investigations are to be conducted after filing the cases, we must remember that a large number of police will be required to investigate so many cases. Hundreds of sub-inspectors would be needed at the police stations. Do we have that capacity? Then how long will it take? The government must take some steps in this regard.
It is simply unacceptable that 300–400 people be accused in a single case. I think those who practice criminal law should be consulted to understand what the Code of Criminal Procedure (CrPC) says in such situations. There is some confusion about this matter. Is it necessary to arrest someone immediately once a case is filed against them? There doesn’t seem to be sufficient clarity about this.
Whatever be the matter, indiscriminate case-filing and arrests are not warranted in any way. If there is ambiguity in the law, it needs to be reviewed. But practically speaking, a police station has thousands of cases; if every single case was to be thoroughly investigated, it would take years.
What will happen to the people involved in the meantime? If hundreds of people are charged in this way and it’s said that an investigation will follow, what kind of situation will that create? I do not know the details about the arrest of actress Nusraat Faria, but my above comments apply to her case as well.
I personally teach law. I cannot say definitively what the solution to indiscriminate case-filing and arrest is, but the government can certainly consult those who specialise in criminal law. What would happen if one of the members of the interim government is accused in a case? Would we still say they should be arrested?
There must be a way forward. The government must find that way. Otherwise, the way things are going, it is resulting in oppression of people.
We want proper justice if someone has actually committed a crime. But everyone is innocent until proven guilty. Now, if the process of proving guilt takes an excessively long time, it does not help.
Even if someone is innocent, and it takes 5–10 years to prove that, what is the benefit? This applies to every single lawsuit. Despite so much discussion, the continuation of filing of lawsuits indiscriminately is definitely a matter of great concern.
* Shahnaz Huda is a professor at University of Dhaka and member of the Police Reform Commission