On May 16, Farid Uddin, a resident of Comilla, was arrested due to a certificate complication in a mobile court operation at Chakaria City Hospital in Cox`s Bazar. The mobile court of Upazila Assistant Commissioner (Land) sentenced him to one year imprisonment and fined Tk 50,000. At that time he was sent to Cox`s Bazar District Jail by Chakaria Thana Police in a completely healthy state.
In the midst of these processes, the police of Chakaria police station took a picture of Farid Uddin wearing handcuffs. Cox`s Bazar district police posted the same picture on the Facebook page opened in the name of district police, mentioning his parents and real address along with the use of fake doctor, fraudster. Which went viral in the whole country including Comilla. Although Farid Uddin did not know about this, he got to know from the family members when he went to visit him in prison. He also saw the screenshot of the negative comments made by the residents of his village on the post made by the district police.
There are negative comments from strangers also. A few days later when the family members were preparing to appeal by collecting the fine; Then the news came from the prison that Farid Uddin had died of a stroke. The family alleges that after sentencing him in the mobile court, the police have faced a kind of mental punishment to him socially through the Facebook post of the police.
On the one hand Farid Uddin suffered a stroke because he could not bear the stress of losing his social respect due to the 50 thousand taka fine and one year imprisonment by the traveling court and the worry about his wife who was seven months pregnant. The family also wanted to file a complaint against the police. But they did not show the courage to complain about the police in various frightening descriptions of the people of the society.
In this way, almost every day thousands of Farid are faced with social punishment by violating the law in the competition of collecting appreciations or in the wrong idea of reducing crime in this process. Apart from this, media trials are happening without ignoring the instructions of the High Court.
In various cases in the country, men and women often appear before the media after being detained or arrested by the law enforcement forces, but now the trend of spreading it through social media is more noticeable. They are being presented and described in such a way that the seized items are being arranged, and they are being identified as guilty in the public mind before the trial. The person shown is not getting a chance to speak. A variety of offensive adjectives are also used in many cases. In 2012, the High Court also banned such activities. Although this process has not stopped at all.
Crime analysts say, if someone is arrested to control the law and order situation or in the context of the case; In that case, it is not desirable to spread his picture or information on the media or social media or police Facebook page before proving it in court. It is the responsibility of the police to provide legal services to the affected people. The job of the police is to rescue people from helplessness or criminal situations. If the police itself creates an opportunity to humiliate someone, then the trust of the common people in the police is also reduced a lot.
In this case, the police often try to say that such people are under social pressure; The latter no longer engages in crime. In reality, its truth has not been noticed much. But the opposite is happening more. When a person is socially punished for a crime without committing a crime, the mentality of revenge develops inside them.
High Court lawyer Barrister Jotirmoy Barua told The Daily Post, "Although there was no separate order regarding Facebook, there was a judgment of the High Court department regarding the media trial. Judgment was—when making an arrest, when a trial is in progress, a man is innocent until proven guilty. This is how legal principles are established. When you write a paper, take a picture and hold a conference calling someone a thief, it actually violates specific laws. He was humiliated socially, punished by media trial. The High Court department has specific instructions not to do that.
He said, `Since the police is also giving on Facebook; This is also a type of publication. These things spread faster on social media. In this case, refraining from these activities is showing respect to the High Court. The police do not have such jurisdiction.
But all departments including police want to share success stories, police can do that too. Even while sharing the success story, the police could have shared as much information as possible, taking care not to harm anyone`s honor or violate their own laws. There is no problem in reporting an incident without providing any information, but it is a problem when you are revealing the identity. Failure to do so would be contempt of court.`
Society and crime researcher Touhidul Islam told The Daily Post, "Nobody has any opportunity or right to humiliate someone in the society before proving the crime in the court. Even if someone is arrested in the context of various crimes or under suspicious circumstances, the picture of the criminal can be published only after it is proved in the court of law or on the basis of judicial analysis. But release of arrest photos before proof of guilt or innocence creates a situation of social humiliation. In addition to family and colleagues, the victim is also proven as a criminal in the eyes of the society. We see this as a media trial. It starts the issue of punishment of the socially victimized person.
In this case, he was also stigmatized in various ways along with his family. Various slanders are given. We also see cases of calling the victim`s family members or acquaintances using words that are derogatory.`
He said, "The police have to take measures regarding the arrested criminals by analyzing many factors such as various situations or the background context of the incident in which organized crime can be solved." In that case, the police will also follow the trend of social media - it is also against the law. In this case, the different units of the police administration or the departments of the police, the classification of their services, each unit will think how to provide more services. In no way should an innocent person be convicted before proven guilty. It is not the case that a criminal is arrested. In this situation, a person should not be in an uncomfortable situation and may be stigmatized in the eyes of the society, the victim`s family may also be in a kind of status crisis in the eyes of the society, if such behavior is created by the police, then the criminal gang also tries to take that opportunity. Apart from this, common people also look at the overall role of the police including the provision of police services with suspicion.
But he says, the police will use social media to control the law and order situation; It also understands the situation. But an arrested person cannot be called a criminal by any means until proven. It`s best not to post any pictures or statements that show someone has been arrested, is in police custody, or is under surveillance. Although information is often withheld, it is the police`s responsibility to provide information if family or relatives want to know. But telling with pictures sometimes belittles and demeans the person. Relegates the individual to a reprehensible position in the eyes of society. In this situation, the police should be very careful and refrain from the statements coming from the civil society towards the police regarding the behavioral correction of the police administration. It will increase people`s trust in the police or the speed of the service that the police wants to provide.`
Noor Khan Litton, executive director of the Center for Law and Arbitration, told Then Daily Post, "When the law enforcers began to satirically release someone`s name and arrest him before the crime was proven—there was a directive from the High Court that `such So that they stay away from work. Unfortunately they continue to publish the same to this day. By doing this, people`s dignity-respect-safety, all three are being disrupted through such activities of the law and order forces.
He said, "Law and order forces thinks about their image. But there is no one to look after the image of the common people they are completely distorting with their activities. Their superiors are supposed to monitor this (should stop), they are not concentrating on it at all. We feel that when a fully policed state is created, the police will do such activities. Because he knows, no one will challenge his work.
When asked, former Additional IGP of Police Mokhleshur Rahman told The Daily Post, "The pictures of the accused are not supposed to be published. The High Court has banned this. The police cannot publish the picture of any accused in this way.
"The police are doing it wrong," he said. Because they are prohibited by the High Court here, no picture of any accused can be given like this. In that case, if someone has given it, they are wrong.` Although all over the country, except for one or two police units, almost all the units are doing the same thing consistently. That`s why some people are also posting on Facebook criticizing the activities of the police.
Victims, journalists and human rights activists also say that the case is a normal process. Everyone has the right to sue. Everyone has the right to face it. No one is guilty during the trial. For that reason, even after arresting the accused, he is not guilty; It is a matter of proof. "The accused also have the right to get justice. It is a clear violation of human rights to bring the person in front of the camera as a criminal immediately after arresting him for that.
In general, Home Minister Asaduzzaman Khan told The Daily Post, "They will face whatever happens if they do not follow the rules of the High Court." They appear to speak when they get a source, I see them. I can`t handle it. The police are publishing their pictures through social media. Legal experts, human rights activists and other circles are claiming that their family is also losing social status.
When asked about this, he said, inform the IGP. Ask him that these rules are not being followed, now will you take any action?
SR