Editorial
Withdrawal of 'politically motivated' cases
The move looks too politically convenient
We are concerned at the government decision to recommend the withdrawal of 62 so-called politically motivated cases filed against Awami League leaders during the times of both the BNP-Jamaat government and the Fakhruddin Ahmed caretaker administration. By labeling these cases as politically motivated and thereby moving to exonerate the individuals involved in them demonstrates a disturbing lack of transparency. While we do not presume that everyone against whom cases were filed is guilty, we cannot also suggest that none of these individuals are innocent of the charges filed against them. Making matters even more disturbing is the fact that a good number of these individuals have already been convicted of offences ranging from corruption to tax evasion. Besides, there are yet cases that are ongoing and about which one cannot make any judgement at this stage.
Considering the issue in an overall manner, one can with justification point out that the very process by which the cases are being withdrawn is questionable. A clearly unabashed political approach has been adopted towards dealing with what is fundamentally a legal matter. Regrettably, we have seen on a fairly regular basis that every time a new government takes over, it goes for sweeping action in withdrawing cases filed against its leading figures by its predecessor regime. Thus a bad precedent has been set and it is one that is unlikely to go away any time soon, given this latest development. However, where a withdrawal of the cases in question is concerned, a glaring reality here is that a large number of these cases were filed (and this was for the first time in the nation's history) by the Anti-Corruption Commission. The ACC initiated criminal proceedings against a number of individuals, with the result that a good number of those charged with corruption were eventually convicted of the crime. That being the truth, it is now only reasonable to ask as to how such convictions will be overturned or reviewed without judicial action coming into the process.
The government says all these cases had been filed with political motives. But there could be the other side of the argument as well. What happens if its detractors proclaim loudly that now these cases are being withdrawn because it is being guided by partisan political motives? Doing away with cases and convictions through political decisions and administrative fiat cannot but be self-defeating.
Since the ACC and, in the matter of convictions, the judiciary have been involved, the government should make references to them rather than act arbitrarily on its own. If, however, the government goes ahead with its plans, the action will not only be repugnant to the rule of law but will also set a dangerous precedent for the future.
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