Lawyers advise counter-cases against false complainants

Amidst a mass uprising, former Prime Minister Sheikh Hasina left the country on August 5. Following the upheaval, a series of murder cases were filed nationwide. However, allegations have surfaced that opportunists are exploiting the situation to file rampant phantom cases across the country. Many of these cases reportedly target political and familial rivals or are used to settle personal vendettas, resulting in numerous innocent individuals being accused. This phenomenon has placed the current interim government in an embarrassing situation.

The Attorney General and legal advisors of the government have acknowledged the allegations of widespread false and phantom cases. Additionally, several senior BNP-affiliated lawyers have reported being implicated in such cases. They have advised the affected individuals to file counter-cases against false complainants under Section 211 of the Penal Code.

For instance, a murder case was filed on August 5 by Kulsum Begum, alleging that her husband, Al Amin Mia (22), was killed during the uprising. The case, naming 130 accused, was registered at Ashulia Police Station on November 8. However, Al Amin Mia appeared at the station on November 13, confirming he was alive and unaware of the case. He accused his wife of filing the case with malicious intent.

Similarly, in another case, Mohammad Fazlu was allegedly killed during a protest in Mirpur, Dhaka. On September 11, Fazlu’s brother, Mohammad Sabuj, filed a case against 165 individuals, including 25 journalists. Syed Shukkur Ali Shuvo, president of the Dhaka Reporters Unity, was listed as the 27th accused. Speaking to Views Bangladesh, Shuvo said, "I am a professional journalist, not a professional killer. False and phantom cases like this undermine the integrity of genuine murder investigations." Meanwhile, Mohammad Sabuj admitted to Views Bangladesh that he did not write the complaint and was unaware of how journalists were implicated.

In another incident, a murder case was filed at Jatrabari Police Station regarding the death of Mehdi Hasan (18). The complaint alleged that Kamrangirchar's Tekehat unit leaders of the Awami League attacked a peaceful student rally with firearms, resulting in Mehdi’s death. However, investigations revealed similar complaints had been filed for separate murder cases with identical wording, except for the names of the victims and attackers.

Reports indicate that numerous such phantom cases have been filed across the country. Filing false cases is a punishable offense under Section 211 of the Penal Code, which prescribes imprisonment of up to two years, fines, or both for filing false cases. For more severe offenses, such as murder or crimes punishable by death or life imprisonment, the penalty for the false complainant can extend to seven years' imprisonment and fines.

Professor Asif Nazrul, legal advisor to the interim government, told Views Bangladesh, "We have received complaints about rampant case filings across various police stations and courts since August 5, many of which involve phantom accused. These cases often stem from political vendettas, causing embarrassment to the government. We have sought recommendations from stakeholders in the Judicial Reform Commission, including advice on taking legal action against those filing false cases."

Attorney General Md. Asaduzzaman also acknowledged the issue, stating, "Since August 5, many phantom cases have been filed to target political or personal rivals. In genuine cases, unrelated individuals have also been falsely implicated. The state is monitoring these cases, and innocent individuals will be excluded. Affected individuals can file counter-cases under Section 211 of the Penal Code against false complainants."

BNP leaders also expressed their concerns. Barrister Nasir Uddin Asim, a member of the BNP Chairperson’s International Relations Advisory Committee, remarked, "It is unfortunate that the trend of phantom cases from the Awami League government has continued after Sheikh Hasina left. Such cases undermine the rule of law and must stop."

Barrister Kaiser Kamal, BNP’s Legal Affairs Secretary, said, "Since August 5, numerous malicious phantom cases have been filed to wrongfully implicate innocent individuals. In genuine cases, the accused lists often include uninvolved people. I believe affected individuals should file counter-cases under Section 211 to stop this chaos."