Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Monday, February 18, 2019 11:30:40 PM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Commentary

Assurance of the Chief Justice is very reassuring

By Editorial Desk
19th-Oct-2016       
Comments
Share your thought
Post a comment »
Read all () »

It is very reassuring for the helpless people to know from the Chief Justice Mr SK Sinha that the courts are completely independent not only under the Constitution, the courts are working one hundred percent independently. To make this position clear the Chief Justice denied categorically any interference from any section of the government in delivering justice.

He said as above while addressing the Bangladesh Law Society-an organisation of Bangladeshi-American Lawyers in New York city last Monday .

It is acknowledged generally that where democracy does not function rightly the judiciary cannot function independently, no matter what the Constitution says. Whatever doubts we have about the working of democracy we have the assurance from the Chief Justice about the judiciary being functionally fully independent.

If the courts are independent the people do not have to worry about the protection of their fundamental rights. They have the judiciary to give the necessary protection. The people are truly free. And justice cannot be denied.

Under autocracy also it is claimed by the government that the courts are independent. But it is also known to the courts and the people that the courts are not free to disoblige the government.

But when the Chief Justice voluntarily and freely comforts the people about non-interference from the government in being treated in accordance with law then he also ensures the determination of the courts to fully use their independence against the abuse of law.

In Bangladesh the fundamental crisis is the abuse of rule of law. It is not just the police power that is abused but anybody with any state power finds it easy to abuse. Where the courts are free to act independently abuse of power cannot continue freely.

The Chief Justice is the source of strength for all the judges. The courage to act independently comes not from any law as such but from the personal faith that a judge is not alone.

It is generally known that the Chief Justice himself is anxious to protect the dignity and independence of the judiciary. As the Chief Justice he has the advantage of the support of the international community and the people for the cause of independence of the judiciary. The fundamental rights are universal fundamental rights upheld by the United Nations. The people know filing complaint with the police is not easy matter even against a local political leader.

For the rule of law the judiciary has to provide courage to the police to be law-abiding and not just compliant with illegalities. 

It should not be unknown to the Chief Justice how unsafe and insecure our people are for fear of arrest without warrant and death by cross-fire. It is alarming that persons are missing and no protection of law is available.

The Chief Justice himself voiced words of caution not to arrest anybody without warrant. It is part of a judgment by him that police remand must not be granted first time before interrogating the accused in the jail under special arrangement. But the lower court judges are showing themselves helpless.

Police remand has remained a handy tool in the hands of the prosecution. Investigation has become an easy dark room affair. It is not rule of law and against protection of the Constitution to interrogate an accused without aid of a lawyer.

The rule of law must mean that nobody is guilty of an allegation unless the court finds him so. In reality if allegation of terrorism is brought against one he is treated to be a terrorist for all purposes. It is impossible for him to get bail unless the Supreme Court interferes. Nobody is answerable if he is killed. He is found terrorist and police kills. If there is no safety of law under law, how the court can protect life?

If depriving a person of his life and liberty is so easy then the police do not remain law enforcers and the independence of the courts has no meaning. Accountability of police has to be ensured by the court to ensure the rule of law.

If anybody wants to ruin someone including his family members then the easiest way is to abuse police power and got him arrested as a terrorist.

The constitutional guarantee that no 'person shall be deprived of life and liberty save in accordance with law' means only one thing and that is: The court will decide whether he deserves to die or his liberty to be denied.

The Chief Justice also spoke about martial law having been buried. This is in the domain of politics and the politicians to worry about it. We are concerned with the rule of law and the Chief Justice is the best person to show his commitment to uphold the rule of law and he has so done most clearly. We know this much that where judiciary is strong autocracy has no chance to succeed and the people remain the source of power. The Chief Justice deserves all the respect he should enjoy for protecting the people's rights. .

The only democratic institution that seems alive and kicking is the judiciary.

Tariff
Add Rate

News Archive

Inside The New Nation

Editorial »

Take hard-line against tax eviction by working foreigners


THE international organisations and development partners working in Bangladesh did not surrender or renew the Customs Passbooks of their 395 non-Bangladeshi staff till the date. The National Board of Revenue had directed them to complete the task within the January 31 deadline, newspapers reported. According to NBR, employees of 21 ...

City »

40 DU students get Sumitomo Corporation Scholarship


City Desk  :A total of 40 under-graduate students from different academic years of Dhaka University (DU) have been awarded Sumitomo Corporation Scholarship of Japan today February 17, 2019 at Nabab Nawab Ali Chowdhury Senate Bhaban of the university.Dhaka University Vice-Chancellor Prof. Dr. Md. Akhtaruzzaman presided over the function while Treasurer ...

Cricket »

Sri Lanka sensation Perera hailed for Test-winning heroics


AFP, Colombo :Kusal Perera became a national hero in Sri Lanka on Sunday after scoring an unbeaten 153 to guide his country to a sensational first Test victory in South Africa.The country's cricket legends and politicians lauded Perera, who has become a linchpin for the ailing national side since fighting ...

International »

Japan PM nominated Trump for Nobel after US request


AFP, Tokyo :Japan's Prime Minister Shinzo Abe nominated US President Donald Trump for the Nobel Peace Prize last autumn after being requested to do so by Washington, a Japanese newspaper reported Sunday.Washington sounded out Tokyo over the possibility of nominating Trump for the prize after his landmark summit with North ...

Entertainment »

Shraddha Kapoor obliges fans amidst a busy schedule


Actress Shraddha Kapoor obliges for some selfies with her fans amidst a busy schedule. The actress was pictured today in London where she is working on her upcoming project Street Dancer 3D. The official Instagram handle of Manav Manglani had recently posted pictures of her taking selfies for her fans ...

Editorial »

Ensure safety for patients in the hospitals by any means


CITY'S Shaheed Suhrawardy Medical College Hospital has started operations after a messy situation caused by fire on Thursday evening. Director of the SSMCH said a total of 1,174 patients, including 72 children, were shifted to other government hospitals after the fire originated at the children's ward on the second floor ...

Sports »

Stunned Japan swimmers back stricken Olympic pin-up Ikee


AFP, Tokyo :Japanese swimmers have vowed to step up their efforts in support of Rikako Ikee, the poster girl for the 2020 Tokyo Olympics who has announced she is suffering from leukaemia.Earlier this week, the 18-year-old swim queen tweeted that she had cut short a training camp in Australia after ...

Football »

Capoue sends Watford into FA Cup quarter-finals at QPR's expense


Etienne Capoue's goal in first-half stoppage time was enough to give Watford a 1-0 win away to Queens Park Rangers (QPR) on Friday that saw the Hornets into the quarter-finals of the FA Cup.Both sides had opportunities in an even opening period that belied the fact that Watford are eighth ...

International »

Turkey has not revealed all about Khashoggi killing : Erdogan


AFP, Ankara :Turkey has not yet revealed all the information it has discovered about the killing of journalist Jamal Khashoggi in the Saudi consulate in Istanbul, President Recep Tayyip Erdogan said Friday."We haven't given all the elements we have at our disposal," the Turkish head of state said during an ...

Entertainment »

Fagun Haway' draws huge acclamation


Entertainment Desk :The premier show of 'Fagun Haway', a movie based on the 1952 Language Movement, draw a large number of film loving people at cinema halls.Actor turned director Tauquir Ahmed directed the movie which was released simultaneously at 52 cinema halls across the country.The story of the movie was ...

City »

The Namaz-e-Janaza of Poet Al Mahmud was held at the Jatiya Press Club on Saturday.


Editorial »

Save the Sunderbans to save the Royal Bengal Tigers


FOR the constant rise in sea levels and rapid climate change, the famous Royal Bengal Tigers of the Sunderbans could be disappeared within 50 years, especially from the Bangladesh part, according to a new study published recently in the journal Science of The Total Environment. A team of Bangladeshi and ...

City »

Members of RAB-2 nabbed one on Friday from Narayanganj for taking money from government officials from different areas in the country impersonating Anti-Corruption Commission official.


.

Cricket »

Feels like it`s a blessing to just be playing again: Steyn


Agency :Dale Steyn, the South African mainstay, continued to impress on his comeback trail, as he bowled at high pace and picked up four wickets over a long spell on Day 2 of the first Test of the two-match series versus Sri Lanka in Durban.The veteran fast bowler bowled at ...

Entertainment »

Shanta Jahan feels comfortable in hosting


Sheikh Arif Bulbon :Popular host of present time Shanta Jahan has to be engaged with hosting round the year in and outside the country in different stage shows and TV programmes. Besides hosting, she has more identities. She is also a model and TV actress. But she always feels comfortable ...

 
Items that you save may be read at any time on your computer, iPad, iPhone or Android devices.
 
Are you new to our website? Do you have already an account at our website?
Create An Account Log in here
Email this news to a friend or like someone
Email:
Write a comment to this news