Cases are being filed one after another over frequent fire incidents in the capital, but the trials in these cases do not see the light of day due to the snail's pace of trial proceedings and legal complications.
The tragic incidents create hype, prompting the authorities to make announcements of strict actions and measures to prevent recurrence of such incidents. But the discussions vanish in a few days, and the list of pending cases becomes longer.
In 2010, the fire at Nimtoli in Old Dhaka's Chawkbazar claimed the lives of at least 124 people due to the presence of chemical warehouses. After one decade, on February 20, 2019, another deadly fire killed 70 people and left scores of others severely injured as it ravaged several multi-storey buildings that housed shops, and chemical and plastic warehouses on Nanda Kumar Lane at Chawkbazar's Churihatta intersection.
The warehouses, which contained cosmetics, especially spray canisters, were located on the first floor of Haji Wahed Mansion.
The owners of Wahed Mansion – Md Hasan Sultan and Md Hossain Sultan alias Sohel alias Shahid -- rented their house to traders selling chemicals and flammable materials, despite knowing about the risk of fire accidents.
Md Hasan had also reportedly threatened Md Azam, the owner of Rajmahal Hotel, from where the CCTV footage of the fire was collected.
The CCTV footage, which went viral online, showed the massive fire had originated on the first floor.
A local named Asif filed a case against 14 people, including the two owners, with Chawkbazar police station for causing loss of lives and properties by negligence. Police pressed charges against eight persons on February 15, 2022.
However, the trial in the case began on January 31 this year at the Dhaka's Eighth Additional Metropolitan Sessions Judge's Court.
Slow trial, no compensation
Mansur Ali Dipur, who lost two brothers and a nephew in the terrible fire, told Dhaka Tribune: “I'll not get back my brothers and the nephew if the accused are tried, but I want a fair trial in such cases.”
He also alleged that the victims' families did not get anything promised by the government. “Out of the families of 71 victims, 26 people have been given jobs as cleaners. I didn't get a job...didn't get any financial support either,” Mansur added.
On the other hand,the lawyer of the two building owners Mustafa Pathan Farooq said: “The fire did not start from my client's building. An outer cylinder accident caused the fire.
“The accused have lost their homes…their assets. Their mother was seriously injured in the accident and later died. I told the court that they were also affected.”
To prove the legitimacy of the business, the lawyer said his clients had permission from Rajuk and a trade license was issued by the city corporation.
“Therefore, the business of the accused was legitimate. If the business is prohibited in a residential area, Rajuk and the city corporation are responsible. We will go to the High Court for the acquittal of my clients,” he added.
Public Prosecutor Abu Abdullah of Dhaka Metropolitan Sessions Judge's Court said he hoped the trial would be completed soon. “The accused have been indicted in the case. I will produce the prosecution witnesses and try to finish the testimonies quickly,” he told Dhaka Tribune.
Justice yet a far cry in Tazreen case
On November 24, 2012, a fire raged through Tazreen Fashions Limited in Ashulia, on the capital's outskirts, killing at least 112 workers and injuring 200 others.
According to court sources, the cases filed over the incident are still pending with the Dhaka First Additional District and Sessions Judge's Court due to non-appearance of prosecution witnesses and “negligence” of officials concerned.
The trial began on September 3, 2015, against 13 accused persons, including Tazreen owner and Managing Director DelwarHossain. The court has so far recorded depositions of only eight prosecution witnesses out of 104.
On the other hand, the accused -- all top officials and employees of the RMG factory -- are leading free lives after getting bail in the cases.
Supreme Court lawyer Shahdin Malik said no one is interested in such cases. Usually, a criminal case is filed after a fire incident where witnesses see no benefits for themselves. He also observed that the main reason behind the delay in the cases is the shortage of judges.
“In a country of 170 million people with 1,700 judges, the trials will never end on time. In our country, 1,000 judges can be appointed with the amount of money spent to build a 2km highway. If the amount of money spent on highways or flyovers is spent on appointing judges, our judicial system will be greatly improved within three years,” he explained.
“In the event of a fire, cases are filed seeking compensation worldwide. But criminal cases are lodged in our country. As a result, people show no interest in closing the cases,” said the eminent jurist.
