The provision under constitutional rights and the law to temporarily release an accused person on certain conditions depending on the offence is called “bail.”
When granting bail, the court considers the seriousness of the offence, the age and behavior of the accused, and other relevant factors. However, in recent cases, how much these factors are being considered in granting bail to the accused—this is the question of lawyers and legal analysts.
Currently, there are many reasons why bail is not granted, believes human rights activist and Senior Supreme Court lawyer Manzil Morshed. Highlighting the reasons for bail not being granted, he told Bangla Tribune: “Weakness in the rule of law, incidents of political partiality from the current government, the fact that the country’s lower courts still work under the Ministry of Law, and ongoing ‘mob terrorism’ by party-affiliated lawyers in various district courts—because of these, even when there is opportunity to believe that the offence is bailable or that the accused has not committed the offence, they (the accused) are being deprived of bail.”
Manzil Morshed, president of the human rights organization Human Rights and Peace for Bangladesh (HRPB), further said: “Certainly, every person has the right to receive bail. But in many cases, that human right is being violated. Many have spoken several times about these false cases, including the government, law advisers, other advisers, and human rights lawyers. But in reality, because of the ‘mob,’ justice is not being ensured through the courts.”
Regarding justice, Article 35 of the Constitution of Bangladesh states:
“(1) No person shall be convicted of any offence except in accordance with the law in force at the time of the commission of the act charged as an offence, nor shall any penalty be imposed greater than that which could have been imposed under that law. (2) No person shall be tried or punished more than once for the same offence. (3) Every person accused of a criminal offence shall be entitled to a speedy and public trial before an independent and impartial court or tribunal established by law. (4) No person accused of an offence shall be compelled to give evidence against himself. (5) No person shall be subjected to torture or to cruel, inhuman, or degrading punishment, nor treated similarly with anyone else. And (6) nothing in this clause shall affect the application of any provision in existing law relating to a specific penalty or judicial procedure.” Sections 496 and 497 of the Code of Criminal Procedure provide provisions for bailable and non-bailable offences.
There are also several provisions regarding bail in the Code of Criminal Procedure. Under the authority of this law, courts may grant bail considering the seriousness of the offence, the age of the accused, the physical condition of the accused, gender identity, ensuring no influence on witnesses, the importance of the case, and the social status of the accused.
Meanwhile, actress Shomi Kaiser was released from jail on August 14 after obtaining bail in two separate attempted murder cases. After her family informed the Chief Adviser of her illness and requested bail on her behalf, she was released on August 14.
ZI Khan Panna, chairperson of Ain o Salish Kendra (ASK) and Senior Supreme Court lawyer, believes that detaining people for a long time despite no involvement in the allegations constitutes extreme human rights violations.
He told Bangla Tribune: “Bail is a human right. By looking at the case initially, one can understand how capable the accused are of committing the crime. A case alone does not prove it—they have not gone to commit murder. Engineer Mosharraf was even in the ICU. Yet in many such cases, harassment is happening. Journalist Mozammel Babu has cancer, Asma Firoz and Zahid Faruk are unwell, Shahjahan Omar (Bir Uttam) is severely ill, Shahriar Kabir, Amir Hossain Amu, Rashed Khan Menon—all are of advanced age. Many others too. In the cases in which they are accused, there is no reason to detain them. Rather, they are being pushed towards death.”
He added: “The law provides for consideration of the accused’s age, and for women and children, in granting bail. But those provisions are not being considered. On August 15, a rickshaw puller went to Dhanmondi 32 to show love and respect by offering flowers at Bangabandhu’s statue. I heard he was sent to jail in a murder case. If the court stays silent seeing this, the remaining trust of people in the judiciary will also quickly vanish.”
It is noteworthy that a recent report by Human Rights Watch (HRW) claimed that even under this government, political opponents are being arbitrarily arrested and detained as in the past. The protection of ordinary citizens’ rights is not being given much importance. Additionally, to suppress dissent, hundreds of people are still being arrested under the Special Powers Act, as in previous governments.
The report cited examples including cases and arrests of Awami League leaders and activists, incidents of deaths around the National Citizens’ Party programs in Gopalganj, and recent attacks and looting of Hindu households in Rangpur. These allegations, however, have been denied by the caretaker government.
