Dear readers, this week Your legal advisor is Shaleh Akram Somrat, Advocate, The Supreme Court of Bangladesh. He works with a renowned law firm namely 'Solutions De Legal, 501, Concord Tower, Kazi Nazrul Avenue, Dhaka, which
professionally deals mainly with corporate law, commercial law, family law, employment and labor law, land law,
banking law, constitutional law, criminal law, IPR and in conducting litigations before courts of different hierarchies.
Last winter vacation, I went to my parent's house in my home district. We are three brothers. One lives in Australia with his wife and the other one lived here with his family. I got involved in a quarrel with my brother over some money which my father gave him for business purpose. Later my brother's brother-in-law, a local AL leader complained against me in local police station and tried to force the OC of PS to arrest me on the plea that I have broken all the valuable things of his sister. As the O.C refused of filing the false case he became very angry with the OC and by using political influence posted that OC in remote area. After that incident, I along with my parents came back to Dhaka. By this time new OC joined in that PS and that political leader used him to made false GD on his self-made complaint. After my post-graduation, I applied five times in different govt organisations and was selected. But in every case my police report came negative. By this way my career has been ruined totally. My question is
a. What legal action can I take against that leader/political person due to his this type of heinous act?
b. Is there any legal way so that the criminal record which has been lodged against me could be void?
c. What is the legal basis upon which employers (govt/private) can overlook this false allegation recorded against me?
d. What is the legal step to stop this heinous act done by the political leaders forever, so that none can dare to do this type of act and ruin any body's career?
e. Is it legal on the part of police to consider family matter as criminal offense? Please advice.
After perusing your problem I find a blend of social, legal and political aspects, though I prefer to remark your case mainly as a social problem. It is very difficult to answer the issues at your satisfaction from the exclusive legal point of view. Whatever happened between you and your brother's family is totally unfortunate and may come within the ambit of "Family Matters". It is said that causing little damage to households at the spur of the moment should not be the concern of law or of any outsider; as law usually tends to overlook trivial issues that we face in our everyday life. Also law has categorised criminal activities as cognizable and non-cognizable according to the degree of potential harm. When any issue attracts the ingredients of any of the offences as defined in the Penal Code or any other punitive law, then police may interfere through their own course or on the basis of written complaint. You have raised several questions; it is better to answer them categorically.
Firstly, do you have any concrete prove that that political leader is mastering the key to make negative police report? If not, in this circumstance, you cannot take any action against the political leader. Nevertheless, you may entry a separate GD recording the entire fact of harm you are suffering from and your suspicion in this respect as well. If you can collect sufficient evidence of that political leader's involvement with these heinous activities, this GD may supplement you to start a successful criminal action against him (your situation may potentially attract the provisions of section 120 Kha, 209, 211 and 500 etc. of the Penal Code, 1860).
Secondly, it is not clear from the fact that whether any formal criminal complaint has been initiated against you or they have merely recorded the matter in the General Diary (GD). I find no reason that a mere GD will be so strongly influential to compel a negative police report. Besides, I am not sure about what exactly he recorded in the GD. A GD entry without fulfilling the requirements of FIR cannot be said as the initiation of a criminal proceeding [10 BLC (HCD) 565]. If no formal criminal process is lodged, you may bring the matter in the concern of your local councilor or chairman and if required, journalists. Or you may directly write to your local SP. It would be better to solve the issue socially. There is nothing to make void unless a legal process is in action.
Thirdly, if there is no criminal case against you, I find no reason to provide a negative report. The Govt. and the NGO's, as of practice, make recruitment subject to the police report. Govt. can, if so wants, verify the police dossier but the NGO's do not have any mechanism to do so. As far as I know, NSI(national security intelligence) personnel generally inquire and prepare such report. In that case, that officer is supposed to visit to your given address. You should try contact him directly at the local office and explain the entire thing, if you feel necessary. Or you may try the next exam providing a separate (current) address.
Your fourth question has no satisfactory legal solution. This issue needs social research. Mentioning social awareness, rule of law, political honesty, transparent political practice and accountability can theoretically be an answer to avoid this question.
Finally, Police is not usually empowered to interfere with anybody's family problem unless that goes scale far from addressing as trivial. If the offence is cognizable in nature, then police may interfere directly; no matter if the conflicting parties are family members.