The indiscriminate arrests and murder charges

A core criticism of the former government of Sheikh Hasina was the blatant misuse of law to imprison, harass and intimidate political opponents, critics, and members of the independent media. Activities by a section of political opportunists and vested groups may give rise to a perception that we are witnessing a revival of the same. The term “collaborators of the fascist regime” is the catch-all phrase that is serving as a dangerous, sweeping, undemocratic and law-abusing framework for actions against political rivals, personal enemies, and a section of the media.
As a fellow traveller in the profession, I will start with what is being done to journalists. Recent, not latest, statistics show that cases have been filed against at least 129 journalists in Dhaka, Chattogram, Bogura and Rajshahi. Twelve cases on murder, attempted murder, rioting and unlawful assembly charges have been filed against 60 journalists in Dhaka, two cases on attempted murder and abduction charges against 33 journalists in Chattogram, eight cases on murder charges against 22 journalists in Bogura, and three cases on vandalism, extortion and assault charges against 14 journalists in Rajshahi.
Given the above, we must be the country with the highest number of murder suspects masquerading as journalists in the whole world. What an image! What diligent use of the law! What respect shown for the freedom of the media! So far, only four have been arrested, but all the others live in fear of being arrested or harassed. They are not going to their workplace or are able to work as journalists. They are in hiding or living as if they are under “house arrest.” Why? What is their crime?

I will be the first to admit that my profession, to which I have devoted 52 years (starting in March 1972), has suffered terribly due to its suicidal politicisation ever since the birth of Bangladesh, but most severely during the Sheikh Hasina regime—in terms of ethics, values and objectivity. A section of the journalists became political activists of the worst kind under the guise of journalism. This sycophancy, blatant partisanship and crude attack on those who tried to speak objectively made ethical journalism extremely difficult, although some did stand their ground. There was immense corruption which was patronised by the ruling party, and a section of journalists made a mountain of money using their proximity to power. The former prime minister herself admitted during a press briefing that her peon, whom she had let go but had not punished, was worth Tk 400 crore, and that he used a helicopter to visit his village home. One can easily imagine what journalists close to power did and the wealth they may have gathered, and consequently the public hatred they accumulated.
Our plea is, charge them for what they did: corruption, bribery, abuse of power, using the PMO press office for personal gains, pressurising the bureaucracy to do their bidding, etc. But do not charge them with murder without any proof. Our own investigation has found no evidence of it. So why is it happening?
Like every other profession—doctors, lawyers, etc—ours is also divided between pro-Awami League and pro-BNP factions. Each group unabashedly enjoyed the fruits of their proximity to power when their respective parties were in office. Hasina’s 15 continuous years in government gave the pro-AL journalists a sense of impunity and never-ending privilege, hence corruption thoroughly permeated in them.

So what is happening now is that the “other side,” which was totally marginalised and oppressed during the AL rule, is having their day in the sun. Every non-AL journalist is now the epitome of good journalism and their opponents the worst that the world ever saw! So charge them with murder! (This is something that neither side has ever done to the other before.)
We repeat what we have said earlier: charge them for what they are guilty of, and do not make a farce of the law by this reckless and unsubstantiated use of murder charges. This is dragging the reputation of the interim government down, both internally and globally, as it goes against the personal reputation of Prof Muhammad Yunus as the uncompromising defender of human rights and rule of law.
The bigger picture looks worse. Between August 6 and September 25, at least 1,474 cases were filed involving 92,486 citizens, most accused of murder along with some other crimes. A total of 1,174 cases have been filed against 390 former ministers, MPs, advisers to the PM, mayors, and Awami League leaders. So far, 59 high-profile individuals have been arrested. During the same period, as many as 779 people were also arrested. But in the first week of October, the arrests reached a peak of 7,018 (related to July-August violence and other crimes), amounting to more than 7,500 cases. As shown below, the rate of arrests is likely to rise.

This newspaper did in-depth reports on some specific cases to show how the legal process is being misused and politicised. According to our report published on October 7, two cases were filed over the killing of two men—Sakib Hasan, 22, and Jahangir Alam, 50—in Jatrabari, Dhaka during the student-led mass uprising. The text of the First Information Reports (FIRs) related to these killings is identical, with only the names and addresses of the victims being different. The complainant is Abu Bakar, 55, who claims to belong to Jatiyatabadi Sramik Dal, a BNP offshoot; he filed both the cases on September 2 with the same 442 individuals named as accused. The victims’ families had no idea as to who he was. They were surprised when informed about the cases. “We lost our father, we should have been the ones to file the cases. Besides, the man sued several hundreds of people (in) our neighbourhood. Now these people hate us for no reason,” said Jahangir’s daughter, adding that Bakar, who filed the cases, wants to harm the people he has accused. “I want justice for my father. We also want punishment of the person who filed the cases without telling us,” she said. Sakib’s father Mortoza Alam also said he was surprised to hear about the case. “Police shot my son dead. But the complaint is against political leaders and activists,” he said.

This newspaper also found three cases filed with Badda Police Station on August 20 and 21 over the killings of Suman Sikdar, 31, Hafizul Sikdar, 28, and Shohag Mia, 30. All the three cases contain identical FIRs, word for word, with 178 common accused, though the incidents occurred in three different places.
Labhlu Mia, 41, was shot dead in Dhaka on August 5. A month later, his cousin Dukhu Mia, a rickshaw puller, filed a murder case with Uttara East Police Station against 221 people, of whom 210 were residents of Rangpur, the hometown of the deceased and his cousin. The accused were mostly local Awami League leaders.
The Daily Star has found five other cases related to killings that took place in Dhaka, and the accused—in hundreds—are all from the home districts of the deceased as well as political activists of Awami League.
On July 20, Muhammad Habib, 45, was killed when the police and AL men opened fire on him. His wife, Ayesha, a mother of four, filed a case on August 28 accusing 57 people, of whom 50 were from Chandina, Cumilla. When contacted, Ayesha said, “I just signed the complaint. I had no idea who were being accused… I just want justice for my husband.” Anwar Hossain Aynal, from Bakshiganj, Jamalpur, filed a murder case for the death of his brother Fazlul Karim on August 5. There are 39 accused, of whom 24 are from his hometown.

The weak factual basis of these cases, each having 20 to 200 accused on average—in many cases, most of the accused are from the localities where political opponents are planning a comeback—indicates potential political or personal motives. This is happening in spite of the wishes of the victims’ families. In many instances, they are either being pressured or being told that if they do as they are told, the victims will get justice.
According to our report published on October 10, the Police Headquarters gave special instructions to SPs and metropolitan commissioners earlier this month to increase vigilance and arrest those responsible for violence in July-August. “We have been instructed to increase arrests and take legal action against ward-level AL leaders and activists,” said an inspector of Khulna Range Police. Another official, requesting anonymity, said, “The instruction includes arresting people every day, including the supporters and leaders of the AL and its affiliate bodies.”
The vague and all-encompassing order mentioned above is a certain recipe for abuse of the law. This will soon turn—if it hasn’t already—into a source of extortion, bribery and harassment of ordinary people. The very same thing that police did during the Hasina regime.
We repeat with emphasis that all genuine culprits of the past regime must be punished. But not a single innocent person should be harassed. Human rights, rule of law and justice are the pillars of the July-August uprising. Please don’t create a condition where their violations become inevitable. Prof Yunus’s reputation as an upholder of human rights is as strong and well-deserved as his reputation for being “the banker of the poor.” His interim government should not, even remotely, be accused of violating human rights.
Mahfuz Anam is the editor and publisher of The Daily Star.

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