Shocked, they asked for probe
Eminent lawyers and human rights activists responded with shock to a revelation that proceedings of two criminal cases in connection with paracetamol adulteration have been stayed in the High Court for 15 years, and sought an investigation of the circumstances of the procrastination.
Law Commission Chairman Justice Abdur Rashid said, "It is not normal for cases to be delayed for such a long time." He added, "It is unfortunate both for the judiciary and for the nation that those responsible for dealing with those cases, and those who were in power did not take any initiative in the last 15 years."
Law Minister Shafique Ahmed told The Daily Star that he did not know anything about the cases, but accepted that things like this could happen since 'corruption is rampant and the system is often manipulated to delay adjudication of cases'. The minister, however, stated that stern actions will be taken against those who are found to be responsible in this case, and he is trying to take actions to stop this kind of conduct from happening in the future.
Mahbubey Alam, the incumbent attorney general, said in his experience on many occasions influential people manage to keep cases filed against them 'concealed or shelved'. "We do try and take necessary measures if such matters come to our notice," he added.
Others demanded an investigation. Eminent human rights activist Sultana Kamal said, "There should be a probe into the causes for the longstanding delay in adjudicating the cases, and punishments for those found to be responsible. It is a most serious violation of the children's families' right to justice."
Human rights lawyer Sara Hossain asked, "What is the state going to say to the families who lost their children. Those people found to be responsible for failing to prosecute the cases and do their jobs properly, must be made accountable."
Barrister Shahdeen Malik noted when cases are stayed for long periods, it becomes very difficult to prosecute those successfully. "Even a five-year stay on the proceedings of a case can destroy it entirely," he said. "Witnesses cannot be found after even five years of stay. Where would you find witnesses after 17 years?" he added.
He said an incident like this can only be possible due to 'influence of the accused on relevant government officials and institutions'.
Khandker Mahbub Hossain, the lawyer responsible for arguing for the stays on behalf of the defendants in 1994, said he has not been in touch with his clients since obtaining the stay orders.
He however agreed, "Initiatives must now be taken to hold hearings on the pending cases. The Directorate of Drug Administration must take immediate steps to restart the proceedings of the cases that have remained stayed for such a long time."
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