Thursday | 16 January 2025 | Reg No- 06
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Thursday | 16 January 2025 | Epaper

Trolling the accused as criminal before proving the offence

Published : Saturday, 14 August, 2021 at 12:00 AM  Count : 742
Md Zillur Rahaman
Whether an accused person commits murder, rape, robbery, embezzlement, drug trafficking, dowry claim, acid throwing or any other major criminal offense, he or she cannot be declared as a criminal in the eyes of the law until the court proves his guilt. Even if he is a notorious criminal or a big terrorist, he should be brought to justice through proper legal process and then he should be called a criminal, otherwise, the rule of law and justice at home and abroad is extremely questionable.

But it is often observed in our country that in the case of a very popular crime, the name of the accused person, age, father's name, and even the house photo with detailed address are published in media. In addition, law enforcement often writes the words murderer, rapist, robber, or snatcher and hangs them a tag around the neck of the arrested person. Human rights activists say that at various times, law enforcement and the media present the accused in such a way that the accused are publicly convicted before trial, which is by no means desirable and unacceptable in the eyes of the law.

Following the arrest of a judge with phencyclidine in 2012, the High Court had directed that no person be produced before the media after arrest or detention as a suspect, but in many cases this was not complied with. In addition, the High Court, while observing permanent bail to Ayesha Siddique Minni in the much-discussed Rifat Sharif murder case in Barguna on August 29, 2019, said, the court is refraining from taking a final decision at the moment as the investigation is ongoing. However, the inspector general of police has been directed to take appropriate action in this regard.

In its observation, the court further said that lately, it has been observed that many law enforcers have arrested and held press conferences. Many police officers were seen giving enthusiastic statements about the investigation of the case. No one can be trolled as a criminal until the crime is proved in the trial by presenting evidence in the media against the accused. There needs to be a policy on how much can be publicized in the media about the progress of the investigation at the investigation stage.

But the most unfortunate matter is that those who are engaged in maintaining law and order in the country and those who need to obey the law the most, the members of the law enforcement are showing the most contempt for the law. Not only are the arrested persons disobeying the directions of the High Court appearing before the media, but they are also being branded as criminals in the society by describing their crimes. Apart from the media, pictures and details of the detainees, including members of the law enforcement agencies, are being disseminated through their own social media. However, if the allegation raised against the detainee is proved in court on the basis of evidence, then that person can be considered as a criminal.

Article 27 of our constitution guarantees that all citizens shall be treated equally before the law and the same article recognizes the right of all citizens to equal protection of the law as a fundamental right. In addition, Article 7 of the 1948 Universal Declaration of Human Rights mentions equal rights to legal redress without discrimination.

Lawyers and human rights activists have repeatedly questioned the issue of bringing the suspects to the attention of the media immediately after their arrest in various sensitive incidents in Bangladesh. Citing such incidents as human rights violations, they said the High Court has also directed that no person should be brought before the media after being arrested or detained as a suspect. But in many sensitive cases, there is a culture of presenting suspects at press conferences when they are arrested.

It is noteworthy that in this case not only the law enforcement agencies, but also many electronic, print and online media in our country present the accused in the same way, trolling in various ways which is extreme humiliation for the victim, very embarrassing for social dignity and extreme violation of human rights. Especially for women and children, it causes long-term stress and trauma in their lives, which is irreparable and not even worth millions of money.

Human rights activists allege that law enforcement agencies present suspects in this way for the sake of cheap publicity. According to human rights activists, if someone is identified as a criminal before the trial begins, the accused has no chance to defend himself. If a person is arrested, he has the right to defend himself. This is his legal protection and human rights.

Unfortunately, trolling the accused as a criminal has become the culture in our society, even before the trial process starts. Moreover, during the media trial, various tags are put on him before he is convicted. During this time he cannot defend himself because the trial has not started so he do not have a chance to say anything.

Many highly educated and respected people were also arrested and verbally abused, slapped, kicked and even beaten with sticks. Although many highly educated and talented young people have joined the present law enforcement force, they are following the colonial ideology shown by their predecessors. Detainees, no matter how educated, talented or qualified they may be, are not treated with the proper respect, but are treated very inhumanely and rudely.

However, many members of this force are friends with the identified terrorists, tainted criminals or godfathers. If they face detention, they are treated well. Many big criminals are also seen to be released due to invisible reasons. Besides, it is not possible to control crime in the society without taking action against those responsible officials who are unnecessarily harassing innocent people, making confessions through inhuman torture, making them criminals before trial and humiliating the society.

We must remember that crime cannot be suppressed by torturing or punishing the perpetrator. It is important to make sure that the perpetrator does not commit another crime in the future. Moreover, in order to establish justice and rule of law, we must come out of the culture of calling the accused a criminal before proving the crime.
The writer is a banker and freelance columnist





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