The concern is plain to see. Investigation takes time. Meanwhile, if those potentially involved leave the country, they may never face justice. But falsely implicating them in cases, subjecting them to arrest and remand, and exposing them to degrading treatment, public humiliation, and the wrath of the mob, will only serve to undermine the credibility of the government. So what can be done?
Here's a solution within the existing framework of the law.
Use the Special Powers Act, 1974, which allows executive orders for preventive detention if someone acts to the prejudice of the security of Bangladesh, endangers public safety or the maintenance of public order, creates or excites feelings of enmity or hatred, or incites interference with administration of law and order.
Referring to statements made by them in the public domain, particularly since July 15, it should be possible to frame cogent orders of detention under the Special Powers Act, 1974, which would sustain judicial scrutiny. The orders can initially be for 30 days, and then extended up to 90 days. While detained, they may be kept in safe houses, requisitioning hotels if necessary, ensuring kind and humane conditions and treatment, basic personal comforts and supervised access to family.
Meanwhile, if specific and credible allegations of criminal offenses are received or found, initiate cases against them. Arrest and produce them before magistrates, either specially appointed in secure locations or virtually as permitted by the law, allowing the law to take its course.
Though reprehensible, being a mere appeaser, supporter or apologist for fascism, is not, in itself, a crime
Allow consideration of bail and remand applications independently. If remand is granted, allow presence of lawyers during interrogation. If bail is granted, press for travel restrictions.
If no allegations of specific crimes are found, release them from detention after 90 days.
The Special Powers Act, 1974 has been criticized as a black law. It was severely abused between the 1970s and early 2000s by successive governments to suppress political opponents, before falling into disuse in the wake of the even more draconian culture of crossfire, enforced disappearances, "mamla hamla" and the dreaded "Aynaghar."
But now, perhaps, it is time for a measured revival of the Special Powers Act, 1974, provided it is within the terms suggested and is explained for all concerned.
Remember, though reprehensible, being a mere appeaser, supporter or apologist for fascism, is not, in itself, a crime. If it were, then half the population of Germany would have had to be prosecuted after World War II.
We should not ourselves become the monster who has flown. Let us pass this first test in establishing the rule of law and the independence of the judiciary.
Mustafizur Rahman Khan is a Senior Advocate, Supreme Court of Bangladesh.