Justice, not retribution
From filing a case against seven journalists for the death of a student in Jatrabari to attacking former minister Dipu Moni on the court premises, the scenes that continue to emerge at the courts seem to be setting a dangerous precedent: the law is at the hands of 'mob justice' instead of the country's judicial system under the interim government.
In the thick of the aftermath of an unprecedented massacre followed by Hasina's ousting on 5 August and violence that erupted across the country in the initial days after her ousting, Bangladesh is slowly but surely attempting to regain a semblance of normalcy.
However, in the case of the judicial system — the random arrests and absurd charges – it reflects a severe problem, perhaps setting the country up for catastrophic chaos in the near future.
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The Business Standard spoke to four prominent legal experts regarding 'the mob justice' phenomenon and asked for solutions on how to best address it – especially in terms of case filings against former pro-regime leaders and supporters.
'I would like to give this government more time'
Barrister Shahdeen Malik
Advocate, Supreme Court
Ensuring the safety of arrestees within court premises is the responsibility of the state. However, rather than being critical immediately, I would like to give this government more time.
With the widespread chaos and numerous problems, the government is struggling to manage the situation. Restoring the system will take time for the interim government. I hope they will address this issue soon.
The absurd murder cases emerging everywhere are not justified though. Moreover, these cases are not productive. Involvement in the killings must be proven so, convicting someone based on witnesses and evidence in such cases will be very difficult and time-consuming. Therefore, filing cases in this manner is meaningless.
Similarly, murder charges are being filed against journalists, such as the cases of Farzana Rupa and Shakil Ahmed. This is a repetition of how cases were filed during the previous government's tenure, which is not right.
If someone commits a crime, they must face legal action. Anyone can file a case against anyone, but if law enforcement agencies pursue cases without initial merit assessment, these cases will not yield any results.
On the contrary, this could lead to adverse reactions. Our main problem—the lack of trust in the legal system—will not decrease but grow, similar to what happened during the previous government.
The current government needs to review and address these issues. I want to reiterate that no one in this government has prior experience in governance. It takes time to understand and manage a system. We should be patient before criticising.
Filing cases against the police by the police themselves is problematic. The administration has not created a trustworthy system where an accused can confidently file a case against the police. Yet, there is no alternative to going to the police.
Naturally, no one at a police station would accept a case against their Officer-in-Charge (OC). In such situations, a separate organisation, either within the police or separately, could be established. Many countries around the world have this. They handle only the complaints against the police and investigate them, without dealing with general cases.
Just as the Anti-Corruption Commission (ACC) works independently on corruption issues within all institutions, I believe we need a separate organisation to address complaints against the police.
'The govt needs to prioritise ensuring justice and reparations for all protesters'
Barrister Sara Hossain
Advocate, Supreme Court
First, the government could implement some simple security measures (as done earlier during transitions and for 'sensitive cases') by designating a building for hearing all cases related to the protests, deploying additional Army personnel, and regulating entry by issuing passes for prosecution and defence lawyers, other lawyers, family members, media and observers.
These measures have been used previously, for example, during General Ershad's trial, for sensitive cases.
There is an urgent need to ensure justice and accountability for the hundreds of people, including students and young children, who were killed by live fire on 16 July 2024. Those responsible for these actions, or for directing, instigating or abetting them, must be brought to justice.
We should not forget that, in addition to the killings, young women and men were beaten and assaulted on the streets and in police custody up to 5 August, and faced arbitrary arrest, detention and torture or ill-treatment, being locked away with no opportunity to see their families or lawyers, in some cases for days on end.
The government needs to prioritise ensuring truth, justice, accountability and reparations for all protesters, including young women and men who have been injured, blinded or left with life-changing disabilities, and for the families of those who have been killed.
One step is to take action against those individuals who fired weapons and were directly responsible for the killings, regardless of their identity, whether from the police or other groups.
The government can set up a team of independent experts with experience in criminal law, investigations and forensics.
This Interim Government has been formed following a movement against discrimination and injustice. It therefore has a particular burden on it to step away from the culture of reprisals and revenge and seek justice and accountability.
Investigations and prosecutions should be based on evidence, not on political motivations. There are many allegations against journalists for inciting hate against others, defamation and also for corruption, and these should be investigated.
However, it is disturbing to see murder cases being filed against journalists and also see the lack of security provided for them in court premises, as well as the degrading and humiliating treatment some have been subjected to.
'Attacks on the accused are absolutely unacceptable'
Barrister Aneek R Haque
Additional Attorney General of Bangladesh
The assaults on the arrestees on the court premises are very unfortunate. Some people are welcoming them, but it is not right. As the Additional Attorney General of Bangladesh and an advocate, I strongly condemn such attacks. This is absolutely unacceptable. There is no way such assaults should occur, and we are trying to take measures to prevent them.
We have instructed the police to ensure more safety and protective measures for the arrestees when they are being taken to the police van and produced in the court.
Regarding the blanket murder charges, the police are making some mistakes in the prosecution. We are looking into it.
We have heard reports of the police being reluctant to file charges against themselves. These incidents have happened before. But now we have instructed them to take all the charges. If the police have killed someone, then cases must be filed against them; and we will ensure justice.
People are asking about the murder charges against the journalists and others. I would like to point out that these cases are filed not by the police, but by the parents of the deceased. We cannot refrain a parent of a murdered student from filing a case at her/his discretion.
However, we will look into it so that no one is harassed without proper investigation and every accused gets a fair trial.
'Detainees can be kept in court custody and presented virtually like in the Covid-19 times'
Barrister Jyotirmoy Barua
Advocate, Supreme Court
Physically assaulting someone within court premises is highly unacceptable. Those responsible for such actions should face disciplinary measures. There are two key points to consider here.
First, when you bring someone to justice, you must maintain trust and respect for the judicial system. Regardless of the crime they are accused of, they have the right to a fair judicial process. Even if any lawyers are involved in physically assaulting someone in court, they too should be held accountable.
Such behaviour should not be tolerated under any circumstances.
Second, by physically harming someone, you are taking the law into your own hands and administering punishment yourself. Who are you to impose such punishment? This practice must stop. We need to uphold respect and trust in the judicial system.
The way Justice Manik was physically assaulted—dragged by the collar and tied with a rope—is outrageous and entirely unacceptable. Those responsible should also be held accountable.
The severity of his crime and its impact will be considered when determining his punishment. But if you treat him the same way, why should he alone be punished? Based on the degree of the crime, your actions appear even more severe.
The police should strengthen law enforcement within the court premises. If that is not feasible, they can keep detainees in court custody and present them virtually, as we did during the Covid-19 pandemic. With digital systems in place, detainees should not be subjected to hostile environments.
About those absurd murder cases, I would say these are highly problematic and unlikely to succeed.
Those involved may not fully understand how criminal law works. The police have 24 hours to detain someone. During this time, the prosecution team can assess the person's activities and the relevant evidence and then file a proper case. This approach will ensure that the cases stand up in court and maintain public trust in the system.
Another issue is the blanket remand orders. This is excessive. Not everyone needs to be placed in remand. In many cases, the nature of the crime and the actions of the accused are already clear—an open secret.
Blanket remand orders only create opportunities for further injustice as we all know what remand actually means in our system. Proper charges should be applied in appropriate cases.
Similarly, journalists should not be subjected to sweeping legal actions. Those being arrested may have multiple allegations against them, such as acquiring illegal wealth, which should be addressed through proper legal channels.
I was somehow connected with the Tahir Zaman Priyo case at the New Market Police Station, and the case was filed after 13 hours of hassle. Since this was a cognisable offence, it was natural to go to the police station rather than the court to file a case.
And, the police station cannot ever refuse to take your complaint in such cases. Additionally, filing a case in court can be complex and costly, and not everyone is familiar with the process.
Identifying the police officers involved in those murders is not overly difficult. Determine the area where the incidents occurred and which officers were on duty that day. You can then reassign those officers to reserve duty at Rajarbagh and appoint a new set of officers to handle the cases.
This approach will avoid conflicts of interest.
Moreover, if there are cases against the police, appropriate legal action must be taken immediately. Police officers should not be exempt from legal accountability.
The comments were collected by TBS Journalists Miraz Hossain and Shadique Mahbub Islam.
