Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Monday, February 18, 2019 05:02:16 AM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Commentary

Protection of rights, not police power is justice

photo by

By MAINUL HOSEIN
20th-Nov-2016       
Comments
Share your thought
Post a comment »
Read all () »

Justice is much more than law and police power. Justice demands to apply law in the context of prevailing circumstances as held by Justice Diplock and Lord Denning, the two eminent British jurists. Our Appellate Division of the Supreme Court agreed with them.
The surprise victory of Donald Trump as President of The United States of America, the least experienced man with the most unAmerican temperament  and values, has added to the worries not only to many in his own country but also the world outside. Some states are threatening to secede saying Donald Trump is not their President, he being so unAmerican.  
But one thing is sure that because of the power of the government institutions and patriotism of the public functionaries, the President-elect will have to change himself or will find the system challenging him all the way. Not just election democracy, but people's democracy will be at work.
We are unlucky in that hardly anybody is willing to take the responsibility of making the democratic institutions of the government strong. Unless this responsibility is taken seriously we shall not have good and just governance and our personal rights will remain under threat. The country will lean towards a police state. Violence and disunity afflicting our safety, security and happiness.  
The reliance on justice of police power, instead of protection of law and the Constitution has proved not
 to be the right answer to the problems of peace, order, unity or economic progress in our country. Denial of justice is not merely a personal tragedy, it is a national calamity. Where justice is not ensured the situation is hopeless for protection of law and good governance.
 Any friction between the Law Ministry and the Supreme Court over administrative matters of the judiciary is self-defeating and must be avoided. The need for close cooperation between the Supreme Court and the Law Ministry is essential for dispensing impartial justice under the rule of law and nothing should be done to make it otherwise.
Lately the Supreme Court had to seek explanation how the Law Ministry could serve a show cause notice on a Session Judge without its prior consent.
The people must have faith in the impartial justice system under the rule of law. The police power without the restraining need of impartial justice, will not make police efficient and trustworthy. If this is allowed, the police will be wrecking the justice system by prevailing police power over the power of law and justice.
Already there are disturbingly high numbly of police officials who feel free to break law and commit crimes. Only last Friday a policeman was caught red-handed in the capital city when snatching Tk.44,000/- from an egg trader. Not just snatching, even their complicity as murder is not so uncommon. Killing people by police in cross-fire is not considered a crime. Imagine if a large number became law breakers, what that would mean for social order. If we cannot protect the justice system against abuse of police power, police will cease to be police.    
It is wrong to think that social order and peace can be maintained without protecting an impartial justice system. If justice system is undone, nothing remains of civilized existence.  
We did not have terrorism but now the government finds terrorism everywhere. Whatever is the truth about terrorism, most of our police remain busy looking for terrorists and yet fear of terrorism is rising. Hundreds of cases are pending relating to the offence of terrorism. Initiating a police case alleging terrorism has become too easy for abusing police power easily.
Thousands of police cases are keeping thousands of people in jail without trial. Recently the High Court Division finding that an accused in an alleged murder case spent 17 years in jail without trial set him free. Though he does not know where to go or what to do with his freedom. He does not even know where his family is. It is learnt that two more cases of gross failure of justice have been identified. Things would have been different if getting bail was not so hard paving way for innocent persons to be victimised helplessly.    
It cannot be denied that we had no communalism but now for the over-enthusiasm of anti-communal politics of a particular lobby, communalism has emerged in its uglier and bolder form. In all such cases the men in power were found provoking the human tragedy for personal benefit. The recent attacks on Santals lasting for days were shocking. Lives were lost, properties were grabbed and houses were burnt yet the government appeared helpless because their own men were involved. The police also was not quick to act knowing that government's own men were behind the crimes. The situation was so helpless that a High Court Division had to come forward to the aid of victims. This is like many other instances where our Supreme Court had intervened as no other authority cared for the victims of human rights violation.    
The Anti-Corruption Commission has been claiming to be tough by chasing big fishes but not a single big fish is being investigated. Corruption is endemic at every level of the government because the big ones are protecting the small ones. Anti-Corruption officers are chasing the weak ones to make their life miserable. Even the Anti-Corruption officials can now arrest anybody they want. Thus they have acquired more power to abuse. Public outcry against corrupt Anti-Corruption officials go unheeded. Many more innocent people are suffering imprisonment than those found guilty after trial in court. We cannot provide all the facts to support our claim but we are sure we shall not be far wrong.
In this backdrop of abuse of power and corruption, the main concern of our judicial system should be how to save people from the injustices of abuse of power and greed. More than ever before, the principle of justice that one is innocent before found guilty by the court through trial should be given highest consideration that it deserves.
The principle of innocence is more than a principle, it is recognised by the Universal Human Rights Declaration of the United Nations as a legal right.
By relying too much on police power, we have now lawlessness everywhere. Blaming the police is not the whole answer when the police are politicised and not allowed to remain impartial. The reality is we cannot be sure when police are enforcing politics and when they are enforcing law.
We have also a problem of judicial culture. An arrested person is treated more often surely as guilty if the allegation is about a serious crime. In most cases an accused suddenly finds himself as a non-entity. He is totally at the mercy of police forwarding report. All his fundamental rights are of no help. The presumption of innocence is not recognised as a legal right.  
All his fundamental rights to be free is thrown overboard by a paper allegation endorsed  by the police. For not granting bail, he has no freedom to claim his innocence also as a free citizen. The major source of corruption in the judicial system is filing of false cases and business of bail. The most damaging is people's faith in the judiciary as dispenser of impartial justice.
An individual's protection of law guaranteed under the Constitution has to be meaningful in the context of police harassment or not for anything.
Our system is habituated to be in favour of the police to have all the freedom to deal with anyone they suspect to be an accused. The common saying is: They must be given a chance to investigate. He will be available for police interrogation is not enough. Despite Supreme Court's caution against police remand, police are too often obliged so that an accused can be taken into their custody for interrogation. This is an unholy situation for the sanctity of justice.
In India, the process of justice has not been weakened by granting anticipatory bail, or releasing a person on condition that he will be available for interrogation. We had also law for granting anticipatory bail, but now it is considered dead.
Scope of abuse of police power and corruption among them are contexts for judicial acknowledgement for doing justice. But from the prosecution side all efforts and fury are employed painting a man as a dangerous criminal not to be enlarged on bail before any evidence has been produced against him.
To deny bail is a big success for police but total loss of all the freedoms for the accused.
Our educated people have a unique gift of amnesia to forget what our people had fought for, so as to know what we must protect and preserve. Bangladesh will never be a country of yesterday living in fear of authority without protection of law.

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