Framed by AL regime, they’re in the clear now
"We are now seeing judicial confirmation of what political parties have long alleged, that cases were filed for harassment."
After 13 years of legal battle, BNP leader Moinul Islam and seven others have been acquitted in a case filed over arson, vandalism, and assault on law enforcers in Mohakhali.
For all latest news, follow The Daily Star's Google News channel. Moinul is a joint convener of Banani Thana committee of Jubo Dal, BNP's youth wing.
At least 30 leaders and activists of BNP and its affiliated organisations were accused in the case filed with Gulshan Police Station in 2011.
On December 28 last year, a little over a week before the national election, a Dhaka court sentenced Moinul and seven others to 42 months in prison.
Following an appeal, the Special Judge's Court-1 of Dhaka on November 19 this year overturned the verdict citing flaws in the trial court judgment.
"The trial court did not properly scrutinise the evidence. The judgment was neither legally nor factually sound," the special judge court said in its verdict.
The prosecutor failed to prove the charges beyond reasonable doubts, it added.
Moinul's lawyer Eltut Mish said, "My client did not get justice from the trial court. Besides, only seven witnesses testified and most of them were police personnel.
"All the witnesses lied before the court," he told The Daily Star.
The Daily Star has found that in at least 12 other violence-related cases, hundreds of BNP leaders and activists were accused and convicted and then those convictions were overturned.
On October 28, 2017, police filed a case accusing 26 leaders and activists of the BNP, and 80 to 90 unidentified people of illegal gathering and assault on law enforcers.
On November 20 last year, a Dhaka court sentenced 25 of the BNP activists to two years in prison. The court delivered the verdict after hearing the testimonies of four cops and a civilian.
One of the convicts, Main Uddin, appealed against the verdict and was acquitted on November 21 this year.
BNP Joint Secretary General Habib Un Nabi Khan Sohel was acquitted on November 25 this year in a case filed with Paltan Model Police Station over violence in February 2018.
He was sentenced to two years in prison on December 20 last year, a little over two weeks before the polls. The court delivered the verdict based on five testimonies, all of which were made by police.
Now, the law ministry has taken a step to address the problem -- people accused in criminal cases for their political identities. On December 3, it asked all public prosecutors for lists of political cases filed during the Awami League's rule from January 6, 2009, to August 5, 2024.
HIGH ACQUITTAL RATE
As per police data between July and September, at least 22,222 cases were resolved across the country. These cases were filed when the AL was in power.
In these cases, 72 percent of the accused were acquitted.
Legal experts attribute the high acquittal rates to flawed cases, insufficient evidence, and poor investigations.
Dhaka Metropolitan Public Prosecutor Omar Faruq Faruqi said half the cases in which people got acquitted were political and many people were framed in those.
"The fascist [Awami League] government focused its energy on political cases, and postponed hearing of other cases. Now steps are being taken to resolve these cases, which is why acquittal rates may have increased," he said.
The absence of witnesses, flawed seizure lists, and out-of-court settlements also lead to the acquittal.
He cited examples of narcotics cases in which pedestrians or homeless people listed as witnesses did not appear during the trial procedure.
Of the cases resolved in July-September, 9,078 were disposed of in July alone.
Of these, there were convictions in 2,852 cases (31.42 percent), acquittals in 5,826 cases (64.18 percent), and out-of-court settlements and withdrawal of charges in 400 cases (4.41 percent).
In August, 6,211 cases were disposed of with 69.25 percent of them ending in acquittal. The following month, 8,224 cases were disposed of and in 71.35 percent of the cases, the accused were acquitted.
The conviction rate in cases filed with police stations under the Dhaka Metropolitan Police was the lowest among all metropolitan cities between July, August, and September -- 22.08 percent, 13.36 percent, and 12.82 percent.
Tawohidul Haque, an associate professor at Dhaka University's Institute of Social Welfare and Research, said, "The high acquittal rates definitely raise questions about the legal merit of the cases….
"We are now seeing judicial confirmation of what political parties alleged. Cases were filed to harass people," he added.
He recommends that prosecutors thoroughly evaluate the cases to ensure that innocent individuals are not punished. He also cautioned against influential individuals exploiting legal loopholes or applying undue influence to evade justice.
WHAT POLICE ARE DOING
The police are taking steps to improve investigation standards and conviction rates. At a recent meeting at the Police Headquarters, top officials asked their junior colleagues to focus on quality of probes.
The PHQ have surveillance and supervision cells to ensure fair investigations. Besides, training programmes on investigations are organised, said Enamul Haque Sagor, assistant inspector general.
"Senior officials closely supervise the investigation of sensational or relatively important cases," he said.
Last week, Inspector General of Police Baharul Alam announced the formation of "monitoring and mentoring" committees involving retired officers in eight police ranges to enhance investigative efficiency.
Comments