Decision to withdraw over 10,000 political cases

A decision has been made to withdraw more than 10,000 politically motivated and harassment-based cases filed against leaders and activists of opposition parties, including BNP and Jamaat-e-Islami, during the tenure of the Awami League government.

An official from the Law-1 branch of the Ministry of Home Affairs confirmed the matter to the media.

According to the official, the government has decided to withdraw a total of 10,506 politically motivated harassment cases across the country.

After the interim government came to power, it took the initiative to withdraw such harassment cases filed during the fascist regime. Following this, the necessary legal processes are being completed to withdraw these cases.

In this regard, the Ministry of Home Affairs has sent letters to the respective District Magistrates, listing the case numbers and instructing them to provide necessary advice to the district Public Prosecutors.

Additionally, the District Magistrates have been informed about the government’s decision not to proceed with these cases under Section 494 of the Code of Criminal Procedure, 1898.

Sources from the Ministry of Home Affairs said that two committees have been formed under the Public Security Division of the Ministry to withdraw these politically motivated cases. One is a district-level committee, and the other is a ministry-level committee.

At the district level, the District Magistrate will serve as the committee chairman. The Additional District Magistrate will act as the member-secretary, and other members will include the Superintendent of Police (or a Deputy Commissioner of Police for metropolitan areas) and the Public Prosecutor (or Metropolitan Public Prosecutor for metropolitan cases).

If the district-level committee believes that a case was filed for political reasons or to harass someone, the committee will recommend its withdrawal to the government. The District Magistrate will send this recommendation along with the First Information Report (FIR), charge sheet (if available), and other relevant documents to the Ministry of Home Affairs within 45 working days in a prescribed format. Individuals can also apply independently.

Applications can also be submitted to the Senior Secretary of the Ministry of Home Affairs or the Solicitor of the Ministry of Law. However, after verification, the Ministry of Home Affairs will compile a list of such cases and send it to the committee, chaired by the Legal Advisor, for approval in the form of a resolution. Once approved, the list is returned to the Ministry of Home Affairs, which then forwards it to the Ministry of Law for vetting. After receiving it back from there, the Ministry of Home Affairs sends final instructions to the respective District Magistrates.

A circular issued regarding the duties and procedures of the district-level committees stated that once the Ministry receives recommendations from the district committees, the ministry-level committee will review and examine them.

The committee will identify the cases eligible for withdrawal, prepare a list, and initiate the withdrawal process.

At the ministry level, the committee is chaired by Dr. Asif Nazrul, Legal Advisor to the Ministry of Law, Justice and Parliamentary Affairs. The Senior Assistant Secretary of the Law-1 Branch of the Public Security Division serves as the member-secretary, and several others serve as members.

Sources from the ministry have said that anyone who was the victim of a politically motivated harassment case filed between January 6, 2009, and August 5, 2024, will be eligible to apply for case withdrawal. However, the application must include certified copies of the FIR and the charge sheet (if applicable).

Director of Public Relations at the Ministry of Home Affairs, Faisal Hasan, said, “This initiative, jointly undertaken by the Ministry of Home Affairs and the Ministry of Law, Justice and Parliamentary Affairs, aims to relieve innocent individuals and political activists from unnecessary harassment. The process will continue.”