The government has issued the “July Mass Uprising (Protection and Liability Determination) Ordinance, 2026”, granting legal protection and indemnity to students and people who participated in the movement that toppled the Sheikh Hasina regime in 2024.
The Legislative and Parliamentary Affairs Division of the law ministry yesterday issued a gazette in this regard.
The draft of the ordinance was approved at an Advisory Council meeting on January 15. The ordinance, signed by the president under the powers granted by Article 93(1) of the constitution, is deemed to have come into effect retrospectively from July 1, 2024.
The ordinance designates the students and public who participated in the movement as “revolutionaries”.
It states that all civil and criminal cases filed against the participants for incidents occurring during the movement -- aimed at establishing democracy, human rights, and the rule of law by ending the fascist rule -- will be withdrawn. No such cases can be filed in the future.
According to the ordinance, if any case or legal proceeding is active against a participant, the relevant court will immediately withdraw it upon an application by the public prosecutor or a government-appointed lawyer, subject to government certification.
Upon such application, the accused will be immediately discharged or acquitted.
The ordinance draws a clear distinction between acts of “political resistance” and “criminal misuse of chaotic situations”.
It states that during July and August 2024, defensive measures became inevitable to resist indiscriminate killings and armed attacks ordered by the then-government. Citing Article 46 of the constitution, the ordinance notes that it is the state's duty to protect those who participated in this resistance.
However, specific allegations of murder against any participant cannot be filed directly in court. Instead, such complaints must be submitted to the National Human Rights Commission (NHRC).
The NHRC will investigate murder allegations to determine the nature of the act.
If the investigation finds that the act was part of “political resistance”, no legal action will proceed against the accused. However, the commission may order the government to provide compensation to the victim's family. This decision cannot be challenged in any court.
Conversely, if the probe proves that the killing was committed for personal interest or was a "criminal misuse" of the chaotic situation, the commission will submit a report to the relevant court. The court will treat this finding as a police report and initiate judicial proceedings.
A specific condition has been imposed regarding investigations: if the victim is a member of the police or any other force, no current or former officer of that force can be assigned to investigate the matter.
The government may formulate new rules as necessary to implement the objectives of this ordinance.
