False case & the untold sufferings of litigants

Good governance, preservation of constitutional rights for people and the ensurity of the Equity and Justice had important role, and are key ingredients of a sovereign authority and/or country; perhaps no one will disagree with me. When good governance is disappeared, constitutional rights of people will chase to go into hole and die out. But when the equity and justice is denied and dusted, the existence of any sovereign state or country becomes shaky and threatful to be at the gun point. So, no telling to say that equity and justice should be given at best priority to ensure the existence of my country or state. Civilized society means the Justice is well-established here. With sorrow, this is to express that in Bangladesh equity and justice is going to be paddled whereas the tendency and false case filing for harassment innocent people is just like a fashion and it is turning to take a festive look notion of our society’s culprit natured people. It will not be wrong to say that only due to vindictiveness most, of the professional informants or complainants file false and fabricated case(s) against their enemies. Sometimes people file as to show the influence and power to the other side. But in practice, Women and children repression prevention suppression cases are being filed due to the rage, revenge, defamation and even to plot against the other side. Immaterial and dishonest inquiry & investigation can be blamed for thousands of false case filing in our country. Of course, one thing we should remember that a lawyer has also some moral responsibilities not to give advice to clients for filing false case against others. It is to be noted that people will not be able to file false case, if lawyers pay their absolute concentration by not representing on behalf of the person who intends to file a false and fabricated case . Because of land dispute and family misunderstanding, a good number of criminal cases are being filed in the Courts and police stations throughout the country. Actually, I feel difficulty to think and understand that how people are being used to doing so unethical deeds. Though I have expressed some important reason of filing false cases by the people of Civil nature, there are many reasons unfolded to be discussed.

Being envious of a person’s success or prosperity, people mean in nature feel pleasure to file false cases. Studies suggest that blackmailing someone is one of the increasingly popular grounds to the culprits.   It is also noticed that there are many professional case filers who files case only to get their desired money from the other side. In fact, disputes originated from land can also be the reason why false cases are being filed in full swing. People, being greedy and having hunker after other’s wealth, feel like to file false case to usurp the wealth of others by illegal ways. In rural area, false case is filed to over power the village counterparts. Not only this, even father become ferocious to kill his son or daughter or any other family member because of winning in the village rivalry and conflict. Inhumane and barbarism activity get sparked when self interest issues come to the people of bad and devil nature. False cases are not only filed by the people these are also filed by the law enforces agency members of our country. Police & RAB officials sometimes do so and innocent common people have to count a lot of suffering and harassment in the long run. Virtually, to be honest, in our country no one hesitates to file false case against others except a few people. If we look at  politicians and their political party, It becomes apparent and evident to all of us that political parties randomly file false and badly intended cases against each other. For the political interest, they are not ready to utilize their novelty and good virtues when filing false cases against any other political party men.  Above all, we can say that false case filing tendency have been an instrument & weapon to the opponent. Admittedly, it is clear that out of thousands and  thousands of cases, concerned authorities are about to be bent down with the load of these.

Badly intended false cases have to be screened duly and judiciously by the proper authority and forum. If done so, number of false cases will go down and will not mount at a stretch.

From different news report published on different news paper , we get the inhumanly harassed victim of false case & imprisonment. More so, we can say that many people have to face trial and unnecessary imprisonment being victim of false case. Even there are many examples that being arrested on a false case, people have suffered imprisonment of more than 14 years until the trial of the case starts. It is really important to note here since some prisoners having no earning members in their family, are mercilessly passing their imprisonment being arrested only in fabricated and imaginative story based case.

In most of the cases, poor and innocent communities are bound to face such kind of inhumane and unlawful torture. Question may arise , why so happens? Century after century, a group of people dominated and influenced on another group by means of wealth, intelligence, conspiracy and false case like inhuman & illegal means. By the way, will it not be in zero in our country? Surely, we must stand in an unique stand point to sound the same voice.

Financially vulnerable people have to spend a certain amount diverted from their square meal money only to contest the false cases. Is not it a crucial attack on their mental, social, financial, family and professional life?

If we deeply think the outcome and sufferings of the false case victim, we will perceive how painful & cause of defamation in their life. Being innocent, people have to bear the stigma of crimes. What are the ways people can get rid of these willful misdeeds?

There are a good number of means to be able to fight against the trend of false case filing. I think and strongly believe that the existing law must be enforced against the false case filers, when the case would be proved as of no evidence and false. Not only this, compensation should also be provided to whom the person became victim of false case. Moreover, moral lesson must go high to close the socket of false case filing. Really, it can be guided and suggested that judiciary, law enforces agency members and lawyers of the country have to play a vital role in this extent to be able to check it. Indeed, united efforts and trying can, in particular, be able to count down the increasing trend of false case filing in Bangladesh.

The Writer is an advocate of the Supreme Court of Bangladesh who can be reached at supremecourtlawyer.bd.uk@gmail.com