Bangladesh

15-Year AL rule: Govt plans to withdraw all false cases by February

Says law adviser
withdrawal of politically motivated cases
File photo

The interim government plans to withdraw all ghost and politically motivated cases filed during the past 15 years of Awami League rule by February, said Law Adviser Asif Nazrul yesterday.

More than 2,500 ghost and politically motivated cases, involving several lakh accused, have been identified across 25 districts, he said at a press conference at his ministry.

"These numbers could increase, and similar cases may exist in other districts as well," he said, adding that the process to withdraw the 2,500 cases is expected to be completed by next week.

Filed under laws related to explosives, arms, special powers and obstruction of police duties, the cases involved opposition leaders and activists, along with numerous unidentified individuals.

"We hope to withdraw these ghost and politically motivated cases by February."

The fabricated cases are being identified using specific criteria.

Only cases with a reasonable amount of suspicion of being fabricated are being prioritised for withdrawal. Cases with valid grounds for doubt will not be considered under the initiative, Nazrul said.

The cases were not immediately withdrawn after the fall of the Sheikh Hasina government on August 5 last year as 4,000 to 4,500 public prosecutors appointed by the past regime fled from their workplaces following the mass uprising.

"Without public prosecutors, we cannot withdraw the cases as the government or the law ministry has to work through public prosecutors. Immediately after the appointment of public prosecutors, we started to work to identify and make a list of ghost cases."

The government also hopes to withdraw cases involving speech offences under the Cyber Security Act (CSA) filed due to the expression of opinions within two weeks, Nazrul said.

There are currently 322 such cases under trial, all filed during the previous government's tenure.

The law ministry has the capacity to intervene and withdraw the cases, Nazrul said, adding that the public prosecutor's office has dismissed 113 of the 322 cases.

"All related cases will be withdrawn within two weeks."

He also addressed concerns regarding the CSA stating that the ministry of information and communication technology is actively working on the withdrawal or amendment of the law.

"Whenever they seek our advice, we provide it. Various suggestions have been raised regarding the CSA. Some support amendments, others oppose them."

The ICT ministry is considering more in-depth discussions on the issue.

"We decided we could not sit idle. We have begun the process of withdrawing cases filed under the CSA. Through ongoing discussions, the ICT ministry will determine whether to amend or repeal the law."

As of August last year, at least 5,818 cases filed under the CSA and its predecessors -- the ICT Act and the Digital Security Act -- were pending across the country's eight cyber tribunals, according to a press release issued by the law ministry on September 30 last year.

Since the fall of the AL government, demands to repeal or amend controversial laws, particularly those curbing freedom of expression, have intensified.

On November 4 last year, Nahid Islam, adviser to the information ministry, announced that the CSA would be repealed within a week and pending cases under the act would be dismissed.

However, as the act was not repealed and cases were not dropped, rights activists, journalists and victims of the cases have demanded the government dismiss the pending cases.

Earlier on December 28 last year, Nazrul at a dialogue said his ministry had received estimates of ghost cases from 51 districts and is awaiting data from the remaining 13.

"We have asked all public prosecutors from all districts to investigate and estimate the number of such cases filed for political reasons," he said then.

Nazrul also talked about Hasina's extradition from India during yesterday's press conference.

"We have written a letter for her extradition. If India does not extradite Sheikh Hasina, it will be a clear violation of the extradition treaty between Bangladesh and India. Regarding what steps we will take in the international community, that will be decided through the ministry of foreign affairs."

In this regard, a red alert has been issued through the Interpol.

"We are doing everything we can. If there is anything else to be done, we will think about it and proceed accordingly."

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