by Maruf ul Alam Dhaka Bureau
A police officer, after managing the police station’s work since morning, suddenly receives a court notice in the afternoon. He is summoned to testify in a case filed ten years ago. However, that case was filed in Dhaka, and he is currently posted in Cox’s Bazar, a district town far away from Dhaka. He is required to appear in Dhaka the very next day to give his testimony in court. What will he do?
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This scenario is a daily reality for hundreds of police members in Bangladesh. Being called to testify in cases that are a decade or more old creates an invisible pressure on their professional and personal lives, which many refer to as ‘witness hassle’.
Case disposal takes a long time in Bangladesh- sometimes 8 years, sometimes even 15 years. During this time, the investigating officer or the plaintiff police officer is transferred multiple times. But when the court starts taking testimony in the case, that same old officer is summoned to testify.
Consider a 2015 case from Shahbagh Police Station. The plaintiff was a Police Inspector at that time, who is currently working in Cox’s Bazar. Ten years later, when the trial begins, he must return to Dhaka by court order to give his testimony. The long journey, waste of time, and bureaucratic approvals- the complexities are endless.
An officer often has to set aside two to three days to provide testimony. Valuable working hours are lost in travel, court attendance, and necessary preparation. This disrupts the regular work of the police station, slows down public service, and increases state expenditure.
Speaking on the condition of anonymity, a District Special Branch (DSB) officer said, ‘Many times we are on duty in a different district, but due to old cases, we have to handle responsibilities in two places on the same day. This harms office work and increases mental stress.’ Besides professional commitments, this complexity in giving testimony also affects the officers’ personal lives. Many have to undertake long journeys, stay away from their families, and sometimes spend the whole day waiting in court for their testimony.
A police officer, speaking anonymously, said, ‘When we go to give witness, sometimes we have to sit from morning until afternoon, only for the case hearing to be postponed that day. As a result, the whole day is wasted, but nothing constructive is accomplished.’
Another field-level police officer, also speaking anonymously, said, ‘When police members go to testify in a case from a previous station, the state has no responsibility for their travel or accommodation. They have to manage everything on their own. They bear all the expenses themselves, which the state later reimburses in the form of a bill, but in most cases, it is less than the actual cost. Moreover, as the security situation at different times also varies, they suffer from a sense of insecurity.’ The officer suggests that the complexity would be reduced if cash payments were made for the testimony expenses by the workplace or court, and if arrangements for overnight stay were made in areas adjacent to the court under the supervision of local police, especially for retired police personnel where the situation is even more complicated.
Advocate Monzil Morshed, a senior lawyer of the Bangladesh Supreme Court Appellate Division and President of Human Rights and Peace for Bangladesh (HRPB), stated, ‘The Code of Criminal Procedure mandates police witnesses and their cross-examination in criminal cases. But the number of cases is far greater than our number of police personnel. You will find that every police officer who worked in Dhaka for two years would have been the investigating officer for at least 200 cases. Now, if they are transferred elsewhere, they will have to come to Dhaka 200 times to give testimony in those cases. If this continues, it will be difficult for them to carry on with their jobs.’
He suggested that to overcome this situation, first, the case backlog must be reduced. Attention must be paid to crime control. The investigative burden on the police is also high. Therefore, the investigative pressure must be reduced by increasing the number of police officers. Furthermore, in this era of advanced information technology, enabling digital witness could help reduce the witness hassle for police, though there might be legal complications. This is because the witness needs to have the relevant documents with them. If they are transferred elsewhere, they won’t have these items. However, if the Public Prosecutor (PP) and Government Pleader (GP) offices can provide these documents beforehand, it would be beneficial. For this to happen, the court’s technological capacity must be increased.
It is worth noting that administrative and technological reform activities have commenced in the Bangladesh Police following the mass uprising of students and the public last year. Already, the Police Reform Committee has submitted its report to the interim head of government. Experts say that now is the time to implement a digital witnessing system. If testimonies are provided via video conference, officers will no longer have to travel back to their old police stations.
According to legal experts, ‘In the age of technology, the compulsion to be physically present to give testimony is no longer timely. Implementing a digital witnessing system will speed up the judicial process and maintain the operational efficiency of the police.’
The introduction of a digital testimony system will reduce officers’ travel costs, time, and administrative expenses. They will be able to provide video testimony at the time designated by the court while remaining at their place of work. This will accelerate case hearings and prevent the waste of state resources.
A senior journalist (crime analyst) who has worked on various issues of the Bangladesh Police Department for a long time, Md. Abul Hossain, told the press agency- Pressenza, ‘Police members work on the front lines to maintain law and order in the country. Their testimony is essential for the court, but if their career is disrupted due to giving that testimony, then a review of the system is essential.’
As Bangladesh moves towards police reform, a modern solution to the problem of ‘witness hassle’ is not only the need of the hour, but also a prerequisite for an efficient and technology-enabled justice system.
About the Author:
Maruf ul Alam: Staff Correspondent- Pressenza, Dhaka Bureau.