Govt Moves to Drop Over 10,000 Political Cases

A case was filed on 29 November 2022 against 15 leaders and activists of the Bangladesh Nationalist Party (BNP) and its affiliated organisations in Manikganj, accusing them of sabotage and spreading public panic. That same night, Masud Parvez, joint convener of the district Jatiyatabadi Jubo Dal, and Jasim Uddin alias Akash, a Chhatra Dal activist, were arrested for allegedly detonating crude bombs.

Manikganj District BNP President Afroza Khan Rita described the case as politically motivated, claiming it was part of an effort to suppress participation in a major BNP rally in Dhaka scheduled for 10 December 2022. She alleged that similar cases were filed across the country, often in absentia, leading to widespread arrests of opposition leaders and activists.

SA Jinnah Kabir, former general secretary of Manikganj BNP and a current member of its convening committee, stated that 33 false and harassing cases were filed against him during the previous Awami League administration. He added that many BNP-Jamaat leaders and activists were forced into hiding due to fear of arrest.

In response to such allegations, the current interim government has initiated the withdrawal of politically motivated cases filed during the period from 29 January 2009 to 5 August 2024. According to the Ministry of Home Affairs, a total of 10,506 such cases have been identified for withdrawal to date.

The ministry has issued directives to District Magistrates across the country, listing the relevant case numbers and instructing District Public Prosecutors to provide legal guidance. The decision to halt these cases is being taken under Section 494 of the Code of Criminal Procedure, 1898.

Two committees—one at the district level and another at the ministry level—have been formed to implement the withdrawal process. At the district level, the committee is chaired by the District Magistrate, with the Additional District Magistrate as member secretary. The Superintendent of Police and the Public Prosecutor are also members. In metropolitan areas, the Deputy Commissioner of Police and the Metropolitan Public Prosecutor hold those roles.

If the district-level committee determines a case was filed with political intent or for harassment, it will recommend its withdrawal. Recommendations must be submitted to the Home Ministry within 45 working days, accompanied by the case statement, charge sheet, and related documents. Individuals may also apply directly to the Home Ministry or the Solicitor of the Law Ministry.

The ministry-level committee, headed by the Law, Justice and Parliamentary Affairs Adviser Dr Asif Nazrul, examines the district-level recommendations. The Senior Assistant Secretary of the Law-1 Branch of the Public Security Division serves as the member secretary. The committee also includes senior officials from the Public Security Division and the Law Ministry.

Once the cases are reviewed and shortlisted, the final list is vetted by the Law Ministry before being returned to the Home Ministry for formal communication to the District Magistrates.

However, political cases filed under the Anti-Corruption Commission Act, 2004, cannot be withdrawn without the explicit written approval of the ACC, in accordance with Section 10(4) of the Criminal Law Amendment Act, 1954. These cases will be reviewed separately.

Officials confirmed that any political harassment case filed between 6 January 2009 and 5 August 2024 will be eligible for review under this initiative. Applicants must submit a certified copy of the case statement and charge sheet (if available) with their application.

A senior official of the Ministry of Home Affairs stated that this joint initiative with the Ministry of Law, Justice and Parliamentary Affairs aims to ensure relief for innocent citizens and opposition political activists subjected to undue legal pressure in the past.