Final decision to withdraw 14,000 politically motivated cases

Nearly 14,000 politically motivated cases filed during the tenure of the previous government across 64 districts, including Dhaka Metropolitan area, are being withdrawn. The current interim government has completed the process of withdrawing these cases, which were lodged between January 29, 2009, and August 5, 2024. No cases filed after August 5 are included in this list.

According to sources in the Ministry of Law, a total of 14,109 politically motivated cases from the previous regime are being withdrawn after going through due legal procedures. Following vetting by the Ministry of Law, the Law and Justice Division finalized the decision after several rounds of scrutiny. Among these, 5,690 cases are from Dhaka district alone. Chattogram has the second-highest number with 1,772 cases being withdrawn.

The Ministry of Law has sent letters to District Magistrates, listing the case numbers and instructing them to advise the district public prosecutors to take necessary action. District Magistrates have been directed to withdraw these cases under Section 494 of the Code of Criminal Procedure, 1898.

Previously, the current interim government formed two committees to oversee the withdrawal of politically motivated cases filed during the Awami League government. One committee operates at the district level and the other at the ministry level. The district committee is headed by the District Magistrate, with the Additional District Magistrate serving as the member secretary. Other members include the Superintendent of Police (or a Deputy Commissioner of Police in metropolitan areas) and the Public Prosecutor (Metropolitan Public Prosecutor for city cases).

These district committees reviewed and recommended cases for withdrawal based on whether they were filed with political motives or for harassment. The District Magistrates then forwarded these recommendations, along with FIRs, charge sheets, and other required documentation, to the Ministry of Home Affairs. The Home Ministry reviewed the applications and sent them to the Law Ministry for final vetting earlier in May.

At the ministry level, the committee is chaired by Dr. Asif Nazrul, Legal Advisor to the Law Ministry, and the member secretary is a Senior Assistant Secretary of the Public Security Division’s Law-1 branch. Other members include the Senior Secretary of Public Security Division, Additional Secretary (Law and Order), Joint Secretary (Law), and a representative from the Ministry of Law, Justice, and Parliamentary Affairs (not below the rank of Joint Secretary). This committee is responsible for overseeing all vetting and scrutiny of the politically motivated cases.

If any further politically motivated cases from the previous government are identified, they will be reviewed and withdrawn in phases through coordination between the District Magistrates and the Solicitor's Office of the Ministry of Law.

However, sources at the ministry stated that cases filed under the Anti-Corruption Commission Act, 2004, will not be withdrawn without a written order from the commission, as per Section 10(4) of the Criminal Law Amendment Act, 1954. Additionally, no recommendations are currently being made to withdraw cases filed after August 5, 2024, although future decisions may be taken regarding those.

Speaking to Views Bangladesh, Law Advisor Dr. Asif Nazrul said, “Thousands of politically motivated cases were filed against opposition voices and activists during the previous government's rule. The current interim government is in the process of withdrawing them.”

Attorney General Mohammad Asaduzzaman told Views Bangladesh, “Around 14,000 politically motivated cases filed across 64 districts during the Hasina government are being withdrawn in the first phase. More cases may be withdrawn after further review.” When asked whether cases filed after August 5 will be considered, he replied, “That has not been finalized yet. If such cases exist, the state may recommend their withdrawal later.”

Human rights activist and Supreme Court lawyer Fauzia Karim Firoz told Views Bangladesh, “I believe this is a very commendable step by the current government. Withdrawing cases filed to harass citizens will strengthen the rule of law. Any politically motivated case filed under any regime should be withdrawn. It’s essential for the sake of justice.”