Student protest cases exploited for extortion put police in a pickle

An official says not taking cases could lead to accusations of being “allies of the Awami League”

In October, a visit to the office of an additional deputy commissioner of police in Tejgaon Division led to a meeting with Mosammat Bithi Khatun, the plaintiff in a case.

Her husband, Hafizur Rahman Sumon, a driver, was hacked and beaten near Sher-e-Bangla Nagar Adarsha Mohila College on Aug 5.

He succumbed to his injuries on Aug 16 while under treatment.

Bithi filed a case accusing 69 people, including ousted prime minister Sheikh Hasina and several of her ministers and MPs.

Sub-Inspector Sabbir Alam from Sher-e-Bangla Nagar Police Station is handling the investigation.

According to him, Bithi repeatedly pressured police with specific demands about arrests.

Frustrated with the constant pressure, SI Sabbir took her to the office of the additional deputy commissioner.

“The plaintiff keeps calling every other day, insisting on who should be arrested and who shouldn't,” the officer told bdnews24.com

Bithi admitted she only knew a handful of the accused, including Hasina, and added others to the list on the advice of a local leader.

Hearing the plaintiff's explanation, the ADC said: “This will make it difficult to bring justice for your husband’s murder. Please let the police do their work. There are already 69 accused in the case.”

A police officer involved in the investigation from Sher-e-Bangla Nagar Police Station said, “The plaintiff has been influenced by a BNP leader from Mirpur. This leader gave her some money and is now controlling the case. There was even an attempt to have several local BNP members arrested in the case, but the police managed to avoid that.”

Later, when bdnews24.com contacted Bithi regarding the case, she clarified that it was not about buying or selling.

She explained that since she did not personally know many of the accused, she had relied on the advice of an acquaintance when filing the case.

Since the fall of the Awami League government, numerous cases have been filed across the country.

Reports are surfacing in various media outlets that, after naming someone as an accused, complainants are accepting money and submitting affidavits declaring the accused innocent.

The Dhaka Metropolitan Police commissioner confirmed these incidents and warned of counter-extortion cases against those who extort money through such lawsuits.

The government's position on these widespread cases remains unclear.

Both the home advisor and the inspector general of police have repeatedly said cases should be "specific”, yet the ministry has instructed police to accept any complaints brought to them.

An officer from Mohammadpur Police Station said, "If we refuse to accept a case, we risk being labelled as ‘allies of the Awami League’, and that’s a risk no one wants to take."

The issue has extended beyond the police stations, with cases being taken to the courts as well.

On Oct 29, a case was filed in Dhaka Chief Metropolitan Magistrates Court, listing 53 former secretaries as accused.

Inspector General of Police Baharul Alam admitted that fake cases are on the rise and some people are taking advantage of them for profit.

In a press conference, he said: “Police are setting up a Range-Wide Monitoring and Mentoring Committee to investigate these cases, which will include retired police officers.”

Home Advisor Jahangir Alam Chowdhury said committees will be set up across districts to prevent harassment.

However, police officers tasked with investigating these said they are facing constant pressure from the complainant's side, with demands to either arrest or avoid arresting.

"It has become almost impossible for police to handle these cases under such pressure," said a senior official.

He added, “The country's law and order situation is not favourable, with ongoing political and social instability. A large number of police officers have been reassigned to other duties, keeping them away from their primary roles. As a result, there are growing concerns that these cases will become a major burden for police in the future.”

A report from the private organisation Foundation for Human Rights Culture in November highlights that fake cases continue to rise.

A report from the Foundation for Human Rights Culture in November highlighted the continuation of fake lawsuits, revealing that 61 cases had been filed in connection with the Anti-discrimination Student Movement.

Of these, 25 named the Awami League chief Hasina as an accused.

The report specifies that nearly 5,856 people were named, with at least 5,517 listed as "unknown" defendants.

In addition to Awami League members, the accused include businessmen, lawyers, journalists, ordinary citizens, and even BNP leaders who currently hold a seemingly advantageous position in politics.

The report added that personal vendettas, political rivalry, and extortion were common motives behind these lawsuits.

‘ILLITERATE’ PLAINTIFF KNOWS OFFICIALS’ OFFICE IDS

An attempted murder case linked to clashes during the student movement was filed on Nov 13 at Mohammadpur Police Station

The case implicates 76 officials and 6 employees of the Department of Agricultural Extension, among 265 accused.

The plaintiff alleges that on July 19, the accused attempted to shoot and kill his son, a driver who had participated in a protest.

Agriculture officials have labelled the case as “harassment” and said they have applied to the Ministry of Agriculture to have their names removed, but none of them are at ease.

In the case, directors from 25 out of 29 ongoing projects under the same department have been named as accused.

Many of the accused have claimed that they are being pressured to leave their projects after the case was filed.

Some also allege that money was demanded from them prior to the case being filed.

In an application to the secretary, the officials said the plaintiff, “Mr Hossain”, has disrupted their official duties and normal life, causing mental distress to their families.

The application cited minutes from the first meeting of the Law and Order Affairs Advisory Council, which recommended that no government official or employee should be arrested without solid evidence in cases filed in court or at the police station. If no preliminary evidence of involvement is found, their names should be removed from the case.

One of the accused, who is now retired and working on a project, told bdnews24.com: "It seems that a certain group of officials is orchestrating the removal of project directors to appoint new ones."

Mohammadpur Police Station chief Ali Iftekhar Hasan said he was initially hesitant to take the case but was pressured by "one party" to accept it.

"However, if anyone is found innocent during the investigation, police will recommend their exclusion from the case. No innocent person will be harassed," he added.

The accused are hesitant to speak to the media out of fear of further harassment. However, one official handed over a note, pointing out several inconsistencies in the case.

The note read, "The complainant has written 'I am illiterate. The events described were written as per my instructions. After being read to me, I gave my thumbprint’."

The official argued that the complainant is illiterate, which is why his thumbprint was used instead of a signature.

However, he pointed out that the names and addresses of all 265 accused were correctly provided, including both permanent and current addresses.

"Along with the officials' names and addresses, their office ID numbers have also been included in the case. This strongly suggests collusion between the complainant and certain officials of the department," the note concluded.

Attempts to contact “Mr Hossain” on the phone numbers provided in the case have been unsuccessful.

His current address is listed as near the water pump in Mohammadpur’s Tikkapara, but no one by that name was found there.

The case also states the plaintiff's home is in Bhaulaganj of Panchagarh’s Debiganj.

SIMILAR SCHEMES EMERGE OUTSIDE DHAKA

After a murder case was filed against a journalist in Bogra, a relative of the journalist presented an affidavit from the plaintiff.

It says, "This was a mistake. I have no complaints against him, and I have no objection if the court acquits him.”

When asked if money had to be paid, the journalist told bdnews24.com: “Yes, it had to be. But I didn’t pay it. My relative did. When I asked him about it, he said ‘You don’t need to know that’.”

The journalist, who works with several national newspapers and television channels, added: "In Bogura, complainants are giving similar affidavits to many accused. The amounts range from Tk 200,000 to Tk 2 million, depending on the financial capacity of the accused."

He said plaintiffs filed cases and then went to the accused’s homes to negotiate. Multiple videos of plaintiffs and their companions being chased away have surfaced on social media.

“EITHER WAY, TROUBLE”

Former inspector general of police Md Nurul Huda believes police are caught in a dilemma in these situations.

"According to the Police Regulations of Bengal [PRB], when someone files a complaint about a cognisable offence, police are required to accept the complaint first, without determining whether it’s true or false. They will investigate later to verify the authenticity of the complaint," he said.

The former police chief continued, “At the same time, the Code of Criminal Procedure [CrPC] says if, upon reviewing the complaint, the officer feels it lacks merit, seems trivial, or raises doubts, they can take preliminary steps, such as making a general diary entry, and then verify its authenticity.”

He highlighted that the situation is such that police face trouble no matter which way they turn.

“If no action is taken, the complainant will say that the police are not arresting the accused or working on the case because they've been 'influenced by money' or some other factor. But the opposite could also be true. However, nowhere does it say that a person must be arrested just because their name appears in an FIR [First Information Report]," the former IGP said.

Regarding the case filed at Mohammadpur Police Station against agricultural officers, he said: "The case is in Mohammadpur, the defendant is from the Department of Agriculture Extension, and the plaintiff is from Panchagarh. It’s all a farce. Surely, there must be some intention behind this."

“How can someone with no proper education make such an allegation? What capability does the plaintiff have? The plaintiff should be questioned.”

When asked what the police should do in such cases, the former IGP said: “The officer in charge of the police station must inform the supervising officers two or three levels above them, as well as the higher authorities, including Police Headquarters. Ultimately, it should be communicated to the Ministry of Home Affairs.

TOP POLICE OFFICIALS WARN AGAINST FALSE CASES

After the fall of the Sheikh Hasina regime, instructions were given to take all cases, but four months later, senior police officials are expressing frustration over the actions of many plaintiffs.

DMP Commissioner Sheikh Md Sajjat Ali's meeting with journalists revealed that the allegations of complainants using cases to extract money, pressuring for arrests, or preventing arrests, hold substantial truth.

On Dec 8, during a meeting with members of the Crime Reporters Association of Bangladesh [CRAB], the DMP commissioner said: “Complainants do not have the authority to remove names from cases. If the investigation officer finds no evidence, only then can names be removed.”

He also pointed out that many plaintiffs were filing cases with the intention of "making money", adding an excessive number of accused individuals, sometimes 150 to 200 or more, and including names arbitrarily after initially targeting leaders of the Awami League or former government officials.

The commissioner emphasised that police were being forced to accept such cases.

Three days earlier, in a press conference, IGP Baharul said: "Some people are exploiting these cases for personal gain, and they are influential figures.”

He added, “Innocent individuals have been made accused, and they are being enticed, deceived, and money is being taken from them.”

DMP officials say that their general instruction now is to take cases "with caution”. However, police officers are reluctant to take the risk of not accepting cases.

On Nov 24, Home Advisor Jahangir said at the Secretariat: "I will not deny that false and fabricated cases are being filed. I am taking steps to prevent such cases. We will take strict legal action against those who are filing these types of cases."

Earlier, on Nov 12, Law Advisor Asif Nazrul said: "Ordinary people, victims, and political opponents are filing blanket cases against others. The widespread nature of these false cases has become a serious issue in the country, and it is deeply embarrassing for us."

Such statements have been made several times by the government. However, no action has been taken against anyone so far.

[Writing in English by Sheikh Fariha Brisy]