Draft ordinance prepared to grant immunity to July activists, says law advisor

Advisor Nazrul points out that such immunity is “fully lawful”

Students and jobseekers carrying the national flag and placards block Shahbagh intersection on Thursday, Jul 4, 2024, demanding reinstatement of a 2018 notification that abolished quotas in government jobs. Photo: Mahmud Zaman Ovi

A draft ordinance has been prepared to grant immunity to those described as “July fighters”, Law Advisor Asif Nazrul has said.

In a Facebook post on Thursday afternoon, he wrote that the July activists “risked their lives to free the country from ‘fascist’ rule” and therefore deserve immunity.

He said it is necessary to enact a law granting them immunity for what he describes as “defensive actions” taken against the “killers of fascist Sheikh Hasina” during the July mass uprising.

Legal immunity, or immunity from prosecution, is a legal status wherein an individual or entity cannot be held liable for a violation of the law.

Calling such legislation “fully lawful”, Nazrul noted that similar immunity laws have been enacted in various countries following the fall of governments through revolutions or mass uprisings, including during the Arab Spring.

He also referred to Constitutional provisions, writing that Article 46 of the Bangladesh Constitution provides legal grounds for immunity laws, and that a similar law was enacted in 1973 to grant immunity to freedom fighters after the Liberation War.

Citing these precedents and legal provisions, the advisor said the law ministry has prepared a draft immunity ordinance.

“God willing, it will be placed for approval at the next meeting of the Advisory Council. Protecting July is our sacred duty,” he wrote.