Amendment to CrPC endorsed to exonerate innocents

Innocent persons can now be discharged from false cases before the trial begins as the interim government Sunday approved a draft legal amendment to this effect.

The council of advisers in its meeting endorsed the amendment to the existing Criminal Penal Code or CrPC.

"This is a very important step and it will help huge number of people who were implicated in various cases with an ill motive," said law adviser Prof Asif Nazrul while briefing the press on the decisions of the Council of Advisers.

"We have been consulting experts and lawyers for long to find a solution so that innocent people can get rid of undue harassment and finally we have been able to do it."

He said a new clause under Article 171 will be incorporated into the CrPC which stipulates that senior police officers like Police Commissioner, police supers can direct the investigating officer of a case to submit a preliminary report to ascertain whether proper evidence is found against a certain person.

"If no evidence is there or the evidence is very weak, the accused concerned can be discharged from the case before the beginning of the trial," the adviser explains the legal change which, thus, could help reduce huge case backlogs in courts.

However, he said, if after the completion of the investigation sufficient evidence is found against the discharged person, he or she can be implicated in the case over again.

Responding to a question, he said the discharge order will be issued by the court and the senior police officer will facilitate the process to assess the involvement of the accused.

A gazette notification may be issued by today (Monday) to endorse the ordinance.

The adviser also mentioned that the council approved a draft MoU allowing the Office of the United Nations High Commissioner for Human Rights (OHCHR) to establish office in Bangladesh.

"The office will be established in Bangladesh primarily for three years, and if the two sides think that it is necessary to renew, the renewal of the MoU can be considered," he said.

Chief Adviser's Press Secretary, Shafiqul Alam, was also present at the media briefing.

The Office of the High Commissioner for Human Rights (UN Human Rights) is the leading UN entity on human rights.

After further scrutiny the draft MoU will be sent to UN High Commissioner for Human Rights Volker Türk for their approval, he said, hoping that the Office of the UN HR body will be set up here soon after the signing of the MoU by both sides.

mirmostafiz@yahoo.com