Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Tuesday, February 19, 2019 03:45:09 PM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Commentary

Higher challenge is to the courage and integrity of the judiciary

photo by

By MAINUL HOSEIN
12th-Feb-2017       
Comments
Share your thought
Post a comment »
Read all () »

The Chief Justice of Bangladesh Mr SK Sinha repeated his anxiety once again last Thursday about the dilemma judges face in doing justice because the laws have many loopholes. He was addressing the lawyers at Moulavi Bazar, Sylhet, joining their annual dinner.

His Lordship has been urging for a long time proper scrutiny of the laws passed without due care and making necessary amendments. He has been indicating that the lawmakers are not being diligent while examining the laws before passing such laws.

It is heard commonly that because of flaws in law, particularly regarding criminal justice, many guilty ones go unpunished. So the anxiety expressed by the Chief Justice is shared by all.

But the other anxiety which is no less disturbing for the criminal justice system is punishing the innocent ones by refusing bail. Saving the innocent ones should be our greater concern. That is why the presumption of innocence.

In our understanding, the main reason for defective laws is that neither the government nor the law makers give due importance to the need of justice. There should also be no hesitation in admitting that our parliament is filled mostly with businessmen.

Notwithstanding the deficiency of legal knowledge among the members of the Parliament the laws are be drafted in consultation with experts like any other country.

Our law makers are interested in   arbitrary powers in their hands. Otherwise, they would have cared to get the draft laws carefully vetted by experts.

We are anxious to make the point that in Bangladesh the laws are used for abuse of power whoever is authorised to exercise it. Every such authority claims, he has absolute power not being accountable.

Our problem is abuse of power to do wrongs. There is little anxiousness for proper application of law to do justice to the people. The idea is: Justice should be in favour of those in power because they think they know what is best for the people and good for the country.

The  difficulty for the court to do justice has become all the more difficult owing to  abuse of power so that as soon police files an FIR against somebody, the courts  are expected not to grant him bail, he should be available for police custody  and willful interrogation by them. He is at police mercy. He is guilty, must suffer in jail because police says so.

Thus, not only that our laws have holes obstructing justice, our justice system has also many holes to punish people before they are found guilty by a court of law. Justice system must not allow itself to be dominated by the police. It is not unknown to the courts that police are not free to be fully trusted.

This month the High Court Division released twenty persons    on bail when the matter was brought to their Lordships, attention that they were in prison without trial for a decade or so. There are many such helpless people languishing in jails all over the country.

It should be a matter of judicial conscience that so many years of their lives were wasted in jail although they were not found guilty of any offence. More than that, it is quite possible that their families got broken up and are living in the streets. The court should ask the government to compensate for the negligence.

Our criminal justice system is badly disoriented by the courts' attitude with regard to bail. To be more blunt and human, by refusing bail before trial we are punishing our people with police justice. Justice under the rule of law is judicial justice for imprisonment as punishment to be handed down only by a court after the trial.

At this difficult time of arbitrary use of power everywhere, the courage and integrity of the judiciary itself is being tested. The efforts are getting momentum to make justice by judges irrelevant.

The law to impeach the justices of the Supreme Court by the One-house Parliament is an audacious move to empower the Prime Minister as Leader of the House to sack the Chief Justice and other justices of the Supreme Court. Only under a parliament of two houses such power of impeachment is available. The Lower House initiates the impeachment proceedings, but it cannot punish a justice without the backing of the Upper House. So our parliament can at best claim the power to initiate impeachment proceedings. Whether he (a Supreme Court Judge) is to be found guilty or not will have to be decided by a different body created by law as there is no Second Chamber. And the body has to be like the present Supreme Judicial Council as contemplated under Article 96 of the Constitution but declared invalid to being introduced under a Martial Law government.  

If what the government claims is conceded to then there will be no separation of powers as the basic structure of our Constitution. Only the executive power will prevail.

How to protect the judiciary to dispense impartial justice for saving the people from police justice is the greatest challenge the judiciary now facing. If the judiciary cannot protect itself then it's sacred obligation of protecting the Constitution is abandoned also.

Tariff
Add Rate

News Archive

Inside The New Nation

Editorial »

Not memorization, students need analytical involvement


ABOUT one lakh students have applied to the Directorate of Primary Education (DPE) of the Primary and Mass Education Ministry for reexamination of their results, claiming that justice will be established if the authorities work properly. Some of students who failed in the examination alleged that they did not get ...

International »

`Crime may have been committed` by Trump: Ex-FBI official


AP, Washington :Former FBI Deputy Director Andrew McCabe said in an interview that aired Sunday that a "crime may have been committed" when President Donald Trump fired the head of the FBI and tried to publicly undermine an investigation into his campaign's ties to Russia. McCabe also said in the ...

Entertainment »

Moury Salim prefers challenging roles


Sheikh Arif Bulbon :Actress of present generation Moury Salim has been engaged with acting for many days. Though she has been busy with acting for long time but could not get the opportunity to work in challenging roles properly or the directors did not utilise her acting quality appropriately. On ...

Cricket »

Girona beat Real Madrid


BBC Online :Real Madrid missed the chance to go second in La Liga as Girona came from behind to record a surprise away win on Sunday.Casemiro powerfully headed in from Toni Kroos' deep cross from the right wing to give the hosts a first-half lead.Cristhian Stuani's penalty made it 1-1 ...

City »

Director General of Bangladesh Agricultural Research Institute Dr. Abul Kalam Azad speaking at the inaugural ceremony of a training programme on 'Marker Assisted Selection' at its seminar room in Gazipur on Monday.


.

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 ...

 
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