CR I MI N A L L AW A N D FAIR T RIAL RIGHTS
Crimes Disrupting Law and Order (Speedy Trials)
Act, 2002 (as amended up to 2019)
S UMMARY
Defines a set of offences as “crimes disrupting law and order,” which are to be exclusively tried by Speedy
Trial Courts established under this Act to expedite their disposal.
A PPL ICAB IL IT Y TO RO H I NGYA
This Act applies to any person without reference to citizenship, and therefore applies to Rohingya accused of
committing a “crime disrupting law and order,” including:
• extortion;
• obstructing free passage of individuals/vehicles on public through-ways;
• intentional destruction/vandalism of vehicles and of any government, institution, or person’s property;
• mugging/pickpocketing;
• rioting/inciting fear or anarchy as an individual or group;
• extortion/obstruction related to the issuance of tenders; and
• intimidation/extortion/blackmail of government officials.
PROTECTIO N NOT ES
All offences under this Act are punishable by a minimum of two years’ imprisonment and a maximum of seven
years’ imprisonment, and offenders may be subject to monetary fines, including restitution of damages (Section
4). These offences are cognizable (Section 12.3), and the accused may only be released on bail by the Court,
which must record its reasons for doing so (Section 13).
The Speedy Trials Act has been criticized for the short time allotted for disposal of cases brought to the Speedy
Trial Courts under this Act, and therefore for the accused to mount a defence: Speedy Trial Courts are allotted
just 30 working days per case, and the police are given only seven working days following an arrest to submit a
charge sheet (Section 10).40
If charged under this Act, Rohingya who are eligible should be provided legal assistance under the Legal
Aid Services Act, and be afforded legal and constitutional guarantees of presumption of innocence, prompt
notification of charges, and the right to appeal as per Articles 31, 32, 33, 35, and 44 of the Constitution, and in
accordance with the provisions of the CrPC.
Speedy Trial Tribunal Act, 2002
S UMMARY
Provides for the establishment of Speedy Trial Tribunals, as well granting the Government the authority
to transfer any ongoing criminal proceedings to the jurisdiction of a Speedy Trial Tribunal to expedite the
disposal of “sensational” cases.
A PPL ICAB IL IT Y TO RO H I NGYA
This Act applies to any person without reference to citizenship, and therefore applies to Rohingya accused of a
crime in Bangladesh.
40
BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH