During the tenure of the Awami League government, thousands of opposition political leaders and activists — primarily from the BNP and Jamaat-e-Islami — were subjected to what are widely regarded as politically motivated harassment cases. Since the interim government took office, it has initiated a process to withdraw all such cases filed during what it has termed the "fascist era", spanning from January 2009 to August 5, 2024.
As part of this initiative, the government has so far decided to withdraw 10,506 such cases, completing the necessary legal procedures, according to a report by BSS.
An official from the Law-1 Wing of the Ministry of Home Affairs confirmed the decision, stating that directives have already been sent to district magistrates across the country. These directives, which include detailed lists of case numbers, instruct district public prosecutors to provide legal advice on withdrawing the cases.
Furthermore, under Section 494 of the Code of Criminal Procedure, 1898, district magistrates have been notified of the government’s decision to discontinue prosecution in these cases.
Sources within the Ministry of Home Affairs report that two committees have been established to oversee this process — one at the district level and the other at the ministerial level.
At the district level, the committee is headed by the District Magistrate. The Additional District Magistrate serves as the Member Secretary, with the Superintendent of Police (or a Deputy Commissioner of Police in metropolitan areas) and the Public Prosecutor (or Metropolitan Public Prosecutor) acting as members.
If the district committee concludes that a case was filed with political intent or for harassment, it can recommend the case for withdrawal. The District Magistrate must then forward this recommendation, along with the FIR, charge sheet (if applicable), and required information, to the Ministry of Home Affairs within 45 working days.
Individuals may also apply independently. Applications can be submitted to the Senior Secretary of the Ministry of Home Affairs or the Solicitor of the Ministry of Law. These are then reviewed and verified. The Ministry of Home Affairs compiles a list, which is submitted for approval in a resolution passed by a committee chaired by the government's legal adviser. Once approved, the list is sent to the Ministry of Law for legal vetting, after which the final withdrawal instructions are issued to the respective district magistrates.
A government notification outlining the committees' roles and procedures specifies that once recommendations are received from the district level, the ministerial committee will evaluate them, prepare a final list of eligible cases, and carry out the withdrawal process.
The ministerial-level committee is chaired by Dr Asif Nazrul, Adviser to the Ministry of Law, Justice, and Parliamentary Affairs. The Senior Assistant Secretary of the Law-1 Wing of the Public Security Division serves as Member Secretary, along with several other committee members.
According to officials, any individual charged in politically motivated cases filed between January 6, 2009, and August 5, 2024, is eligible to apply for relief under this initiative. Applicants must submit certified copies of the FIR and, where relevant, the charge sheet.
Speaking on the matter, Fayesal Hasan, Director of Public Relations at the Ministry of Home Affairs, stated: "This joint effort by the Ministry of Home Affairs and the Ministry of Law, Justice and Parliamentary Affairs aims to protect innocent citizens and political activists from unnecessary harassment. The initiative will continue as part of our commitment to justice and fairness."
