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রবিবার, ২৫ জুলাই ২০২১, ১০:৩২ অপরাহ্ন

False case & the untold sufferings of litigants

  • প্রকাশিত হয়েছে : মঙ্গলবার, ২ ফেব্রুয়ারী, ২০২১
  • ৪৬২ বার পঠিত হয়েছে

* Farhad Uddin Ahmed Bhuiyan

Good governance, ensuring Constitutional rights for people and the certainty of the Equity and Justice had important role, and are key ingredients of a sovereign authority and/or country; perhaps no one will disagree with me. When good governance is disappeared, constitutional rights of people will chase to go into hole and die out. But when the Equity and Justice is denied and dusted, the existence of any sovereign state or country becomes shaky and threatened to be at the gun point.
So, no telling to say that Equity and Justice should be given at best priority to ensure the existence of any country or state. Civilized society means the Justice is well-established here. With sorrow, this is to express that in Bangladesh Equity and Justice is going to be paddled whereas the tendency and false case filing for harassing the innocent people has just become a mere fashion and it is turning to take a festive look notion of our society’s culprit class.
It will not be wrong to say that only due to vindictiveness most of the professional informants or complainants file false, colored and fabricated case(s) against their enemies. Sometimes people file as to show the influence and power to the other side. But in practice, when cases, related to Women and Children Repression Protection Act, are filed in order to make defamation, rage, revenge and even to plot against the other side. Immaterial and dishonest inquiry & investigation can also be blamed for thousands of false cases stockpiled in our country. Of course, one thing we should remember that a lawyer has also some moral duty not to give advice to his /her clients for filing false case against others.
It is to be noted that litigants will not be able to show dare to file false cases, if lawyers pay their absolute concentration by not representing on behalf of the person who intends to file a false, baseless and fabricated case. And in practice, Courts must be strict in initiating proceedings against the false case filers when found them that they willfully and intentionally filed false case(s). Law enforcement agency members have also a great responsibility to check false cases having applied utmost professionalism in investigation. Because of land dispute and family misunderstanding, a good number of criminal cases are filed in the Courts and police stations throughout the country. Actually, I feel difficulty to think and understand that how people are being used to doing such unethical deeds.
Being envious of a person’s success or prosperity, people, mean in nature, feel pleasure to file false cases against each other. Studies suggest that blackmailing someone is one of the increasingly popular grounds to the culprits. It is also noticed that there are many professional case filers who file case only to get their desired money from the other side. In fact, disputes originated from land can also be the reason why false cases are being filed in full swing. People, being covetous, envious and having hunker after other’s wealth, feel like to lodge false case(s) to usurp the wealth of others by illegal means. In rural area, false case is filed to overpower the village counterparts/ rivals. Not only this, even father become ferocious to kill his son or daughter or any other family member because of winning in the village rivalry and conflict. Inhumane act and barbarism get sparked when self-interest issues revolve to the people of bad and devil nature. A few of Police and other law enforcement agency members sometimes do so and as a result, innocent common people have to count a lot of suffering and harassment. Virtually, to be honest, in our country no one hesitates to file false case against others except a few people. If we look at politicians and their political party, it becomes apparent and evident to all of us that political parties randomly file false and badly intended cases against each other. For the political interest, they are not ready to utilize their novelty and good virtues when filing false cases against any other political party men. Above all, we see that false case filing tendency has been an instrument & weapon to the opponents. Admittedly, it is clear that out of thousands and thousands of cases, concerned authorities are about to be bent down with the backlog of these.
However, badly intended false cases have to be screened duly and judiciously by the proper authority and forum. If done so, number of false cases will go down and will not mount at a stretch.
From different news report published on different newspaper, we get the inhumanly harassed victim of false case & imprisonment. More so, we witness that many people have to face trial, wrongful confinement and unnecessary imprisonment being victim of false case(s). Even there are many examples such as, being arrested on a false case, people have suffered imprisonment of more than 14 years until the trial of the case starts. It is really important to note here since some prisoners, having no earning members in their family, are mercilessly facing their imprisonment being arrested only in any fabricated and imaginative story based case.
In most of the cases, poor and innocent communities are bound to face such kind of inhumane and unlawful torture. Question may arise, why so happens? By the way, will it not turn in zero in our country? Surely, we must stand in a unique stand point to sound the same voice.
Financially, distressed people have to spend a certain budget cutting from their square meal only to contest the false cases. Is not it a crucial attack on their mental, social, financial, family and professional life?
If we deeply think the outcome and sufferings of the false case victims, we will perceive how painful & cause of defamation in their life. Being innocent, people have to bear the stigma of crimes. What are the ways people can get rid of these willful misdeeds?
There are a good number of means to be able to fight against the trend of false case filing. I think and strongly believe that the existing law must be enforced against the false case filers after being proved as of no evidence and false. Not only this, compensation should also be provided to whom the person(s) became victim of false case(s). Moreover, moral lesson must go high to close the socket of false case filing. Really, it can be guided and suggested that judiciary, law enforces agency members and lawyers of the country have to play a vital role in this extent to be able to check it. Indeed, united efforts and trying can, in particular, be able to count down the increasing trend of false case filing in Bangladesh.

*The Writer is an advocate of the Supreme Court of Bangladesh and the President of Lawyers’ English Debating Society who can be reached at [email protected]

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