A Disturbing Aspect

In Bangladesh, the trial process of any case is lengthy and often riddled with various problems causing suffering to the accused. Cases filed under the DSA are no exception. But the DSA cases warrant our attention because many of the accused are detained without trial. Since the police can detain someone without a warrant, in many instances, cases are being filed after the arrest. As such, the accused only comes to know of the allegations after being detained. Non-bailable provisions continue to keep them in jail for an indefinite period.

The law, on paper, provides a measure which should prevent such a plight for the accused. According to the law, after filing the case, the police are required to file an investigation report on which the charge will be formed. The law stipulates that an investigation report must be submitted within 60 days. If necessary, the investigating officers can seek an extension of 15 days from the authorities. After 75 days, they will have nothing to do. It then falls under the jurisdiction of the tribunal. But over the past four years, we have seen that in many cases, even if the investigation report is not given within the stipulated 75 days, the accused is still in custody and effectively being punished before the trial.