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  <%-- Page Title--%> Issue No 111 <%-- End Page Title--%>  

October 5, 2003 

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Your Advocate

This week your advocate is M. Moazzam Husain of the Supreme Court of Bangladesh. His professional interests include civil law, criminal law and constitutional law.

Q: One summer vacation I went to my parent's house in my home district. Only one of my brother lived here with his family. I got involved in a altercation with my brother over some money which my father gave him for business purpose. Later my brothers brother-in-law, a local BNP leader complained against me 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 did not comply with his direction that leader 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 complain. 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 be taken 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.
M. Zaman,
Tejgaon, Dhaka.

Your Advocate: I have carefully examined your problem. Whatever has happened between your brother and your family comes within the ambit of 'family matter' as it is usually said. Causing little damage to households at the spur of the moment should not be the concern of law or of any outsider. But that goes scale wise. If the scale of damage is substantial law my take its course. Any way, your personal case is unfortunate. You have raised several questions. It is really difficult to answer them to your satisfaction from exclusively legal point of view in that they involve a blend of social, political and legal questions to be adequately addressed. You cannot take any action, in the circumstances, against the political leader. The Govt. and the NGO's as of practice make recruitment subject to police report. Govt. can, if so wants, verify the police dossier but the NGO's do not have any mechanism to do so. As for your last question, police is not empowered to interfere with anybody's family problem unless the same constitutes an offence made cognizable by law.

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