Staff Reporter :
In most cases, the investigation process, the FIR and chargesheet for proving the guilt of accused persons and the faithfulness of witnesses are found less and less trustworthy.
Especially, the police final reports or chargesheets in Bangladesh are often partial, and far from ambiguity. There is widespread allegation that ‘bribe’ and ‘political motivation’ play a key role in preparing the reports, from petty crimes to sensational murders. And so the judges at a quandary how to do justice keeping consistency with evidence.
As per legal procedure, the chargesheet is filed after FIR and investigation with findings, including witness statements and affidavits. The charge is framed against the persons on the basis of police report to ensure justice to victim and its family.
Any defense is to be heard at the time of trial which may take years. Chargesheet seals the fate of the persons accused unless he is found guilty after the trial and appeal year later. Because bail will be denied so the prosecutor is not in harm to prove the case. So, false cases are helping the police to be corrupt. There are many incidents that the courts had ordered further or supplementary investigation to the cases rejecting the police reports. Even in many cases, the First Information Report [FIR] prepared by the police are also apparently hazy and bias but very little can be done to help the innocent. The courts will say the matter is under investigation, so it cannot be said that the FIR named persons are innocent, though the cardinal principle of law is protecting the innocent until he is found guilty by a court.
A specific example can be given here over the police report. A teen-aged boy named Milon was brutally killed by unruly mob in presence of police at Companyganj in Noakhali on July 27, 2011. The then high-ups of government seeing the video footages had termed the incident ‘barbaric’, and promised exemplary punishment to the culprits.
Four years after the incident, the police placed final report before the court releasing all accused killers, holding evidence collected against accused not dependable. Being tremendously pressured, the victim’s poor mother was compelled to withdraw her son’s murder case submitting a written application to the court.
Drug offences and offences against arms are the areas where police reports are most troubling. Not long ago, a Dhaka University teacher was threatened to be charged with the offence of having Yaba in his possession by throwing this drug in his bedroom.
There are cases coming to courts where police putting revolver in one’s jacket pocket and charged him for committing the serious offence under the Arms Acts. It is immaterial however useless the weapon is.
The state lawyers do not behave that the lawyers for the people, but the government lawyers in a very partisan way. They forget their responsibility about the people and saving the innocent is their major responsibility.
Here is a latest example about police activities. On January 29, the High Court granted bail to two minor boys– one eight years and other nine — of Kamrangir Char area in connection with a murder case, and also directed the police to ensure their security.
Police arrested the two children after recovering the decomposed body of an unidentified boy in September last year. In its observation, the HC Bench said: “The arrest of the two minors was violation of Children Act 2013. For their safety, they will be granted bail until the end of the trial.”
Against principle of fair investigation, the police officer who lodges FIR does not investigate the case for maintaining impartiality. But police do not bother it in many cases. They think whatever they do the persons named in the chargesheet are likely to suffer in jail. The bail after chargesheet is seen as denial of justice. Our courts are also favourable to keep in jail before trial to shun blame about the police arrest and judges free them.
We have a vicious atmosphere effective against the innocent. And even many judges agree that it is not easy to discard police case and it is more difficult to prove them guilty. In such situation, the police have no right holding innocent people suffer than the real criminals.
A few years back, the RAB was compelled to withdraw false case against Limon, who had lost his leg by the firing of the elite force member, due to tremendous pressure created by media and civil society members.
At present, the extrajudicial killings have been an inseparable component of law-enforcement in Bangladesh like arbitrary arrest and torture in the custody. Not some innocent persons may have to die without trial. But tolerance to such police power of crossfire killing has created a crisis of keeping faith in police.
In fact, the extrajudicial killing is a big challenge for the judiciary. Concerned circle says it exposes incapability and lack of trustworthiness of country’s judicial system. It’s a big question whether the barrel of the gun prevails over the judicial process of courts.
The Supreme Court has to find a remedy by exposing police loss of trust and confidence empowering the justice very badly. Blaming the courts is easy if the people find alleged criminals are not found guilty. The people are not expected to know complications of law and procedure. The prosecution should have more accountability to the courts to ensure diligence and credibility of police before approving chargesheets.
The way the justice system is growing it is losing faith and credibility of public. The experts say that those police who file false cases must be liable to the court punishment. They also want criminal cases must not allow to oppress opposition.
