False case

Romel Barua |
by Romel Barua
Though there is provision to take step against a false case under section 211 of Bangladesh
code, sometimes, there is no measurable visible effect. Hence, leaders of opposition face
many false cases for being in the opposition. There are provisions to report a false case
when it is deemed as false in investigation. The police officer should make a report to the
magistrate about the false matter.
Recently, we are observing that many leaders of opposition are facing false case where the
matter is fully vague. But, these have been some affairs from the British regime. When there
is a dispute of a land is visible, a person of mens rea/ ill intention files false case to take
revenge. As a result, the party gets trouble.
The maximum reports of police only show that this word is true or that word is false. Being
furious a magistrate issues warrant to witness to reveal the truth when the witness is in
negation.
Many legal people always determine most criminal cases as false, ambiguous, vague.
Delay defeats justice. Because of false cases the state of justice is far to reach. There is
pressure of implementation by the authorities. Sometimes, due to contesting matter parties
file these false cases as a state of taking revenge. There is sorting problems in the question
of facts and circumstances.
Magistrates are required to see over prima-facie case has been made or not. The contested
cases mostly see baseless at the end. This is due to lack of innovative steps of the judiciary.

Above all, most of the false cases are made by the Govt. authority or in connivance from the
senior to junior level.
In consequences, the victim of false cases will suffer enormous harassment.
A person accused of an offence may have the right of defense. In Indian cases, this
opportunity starts after ten to twenty years, normally in cases which is two to three years.
Cases are dismissed in case of lack of witnesses.
Likewise India in Bangladesh it is very normal for any law enforcing agency to frame
baseless story without reasonable cause which is due to making their bosses happy.
There may be a long list for the reason.
If the matter is about police case we find where complainant, witness and enquiry officer are
sometimes the same man which is a worse fact of law.
Because of reasons sometimes very senior political leaders are being accused of. Indian
Supreme had found no base of those cases.
In fact, women can bring a case in Nari O Shishu court about her body and reputation.
Although there are provisions to out argue the case, the opposition may be harassed for a
year or more. Sometimes, due to no evidence and no witness the case is trashed. A
criminal can get acquittal or release. The fear of court leads people out of the court. In the
political arena, we see over false case against a full committee of a political party. Due to
false facts those cases have been withdrawn or trashed.
This is a country where the separate idea had created separate people. This is a country
where different opinion is disregarded. It is a country where leaders do not practice
democracy. Work of intellectual ability is far to reach.
We also observed that many falsely implicated cases had ruined the future of the Varsity-
goers.
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Romel Barua, LLM, Advocate
Room 46 Ainjibi bhavan, 01725273467.
Ex Editor: supplement , Dainik Azadi
Ex Deputy Secretary , Bgmea.