Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Thursday, January 17, 2019 08:25:37 PM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Commentary

Clash with the judiciary will have dangerous consequences

photo by

By MAINUL HOSEIN
26th-May-2017       
Comments
Share your thought
Post a comment »
Read all () »

The present clash between the government and the judiciary will have dangerous consequences for both unless stopped. Any attempt to make the judiciary obliging to the government means denying the judiciary of its role as protector of the Constitution as well subverting the fundamental rights guaranteed under the Constitution.
If the Constitution ceases to be its own saviour the government itself loses its basis of constitutional legitimacy. To put more bluntly, the government becomes a usurper. So those in the government wants to demolish the people given Constitution should have time to think of the consequences.
The clash with the judiciary first started with dragging the government's feet in not complying with an innocent order of the Supreme Court to issue gazette notification publishing the service rules for the lower judiciary.
Thereafter came the issue of sending of lower court judges to Australia and other countries for training without consulting the Chief Justice.
Before that, a law has been passed by the parliament authorising itself to punish the justices of the Supreme Court. This means in effect as leader of the parliament the prime minister will be the dismissing authority of the Supreme Court justices.
This issue is now being argued   before the Appellate Division of the Supreme Court. The High Court Division had already declared the law as unconstitutional.
The indications are clear that the government is keen to have unrestrained power to deny the rule of law and play with human rights. We find it unbelievable that the government is eliminating one after other the democratic institution and still calls itself a democracy.
The fact is it will not be possible to obliterate the Constitution this time. We know Bangabandhu also assumed the power of dismissing the justices of the Supreme Court. But he is no more. Nobody can claim his stature. But he also failed.
In our view not to allow the opposition in the parliament is unconstitutional. The parliament without the opposition is no parliament under the Constitution. Its election is in question.
Perhaps the undemocratic forces in the government saw it as too much of a weakness on that these issues did not come before for a decision. They are now taking chances for gaining the audacious power of sacking the justices of the highest court.
The Constitution is very much here if the Supreme Court does not want to end its own existence. If asked to, the government's electoral legitimacy will be for the Supreme Court to decide. Nobody knows where the government is leading itself to.
The mistake was made by the Supreme Court earlier when by a majority of one, the Supreme Court judges allowed the government to remain in power during election time. Under any parliamentary system, it is unthinkable that there will be elections of the parliament without dissolving the parliament. In the judgment not a single instance was cited where it is practiced.
Now peaceful election for transfer of power remains a far cry. This was a mistaken judgment sending wrong signals to the undemocratic forces. It has to be corrected sooner or later if democracy and the democratic Constitution are to survive.
The international community is anxious to see the next election free and fair. Under the present constitutional arrangement it will be miraculous to have a credible National Election.
Likewise the criminal justice system is also facing serious crisis of public confidence because of crisis of human rights. Arresting a person by police or an Anti-Corruption officer means no bail. Mere arrest is conviction because he suffers in jail. To pray for bail by his lawyer is seen by some judges as co-operating with the crime. Bail is treated as punishment.
The politicised police must not be believed more than necessary. They have arrested the person on suspicion of committing an offence. Now the person is in court's custody and the court should feel fully free to try him to find if he is really the offender.
But bail should be considered on the legal assumption of innocence unless there are materials from the past to show he is unsafe for society.
The presumption of innocence makes the justice system different from police state system. The police think that the person they have accused is guilty. But the courts are supposed to say no, he is innocent before found guilty by a court.
The distinction in attitude that an accused is not to be treated as offender just because the police say so makes a judge so different from a police officer. The accusation is no proof of the crime.
Not only the courts, every citizen must help the police. But not at the cost of his fundamental rights to be free to defend himself. Not also at the cost of legal presumption of he being innocent.
This principle of innocence makes the court the biggest protection to the accused and the surest reason for his faith in the judiciary. The judiciary becomes strong by saving the innocent. By compromising justice the judiciary does its own harm.
The police must be made to work hard to prove the accusation to be right. It is feared that too many false Casper are lodged making it possible for too many criminals to remain free. It is no wonder that crimes are rising.

Tariff
Add Rate

News Archive

Inside The New Nation

Editorial »

Ensure ideal working atmosphere for women


THE bike of Shahanaj Akhter, who became a social media sensation recently for her struggle to maintain her family by offering ridesharing services, was recovered from Raghunathpur area in Narayanganj on early Wednesday hours after it was reportedly stolen. Police arrested a Masters student in English Department of Tejgaon College ...

Football »

Struggling Fulham sign Babel from Besiktas


Fulham signed former Liverpool forward Ryan Babel from Besiktas on Tuesday as the Premier League strugglers bid to bolster their spluttering attack and avoid relegation.Netherlands international Babel has joined Claudio Ranieri's side, who sit 19th and five points from safety, until the end of the season and could make his ...

Football »

Awami League President and Prime Minister Sheikh Hasina receiving a football ( as a souvenir) from Senior Vice-President of Bangladesh Football Federation (BFF) Abdus Salam Murshedy, MP, when a delegation of BFF led by its President Kazi Md Salahuddin met her at the Gono Bhaban on Tuesday night.


International »

Brexit deadline could be pushed back on UK request: French minister


AFP, Paris :The European Union could push back the looming March 29 Brexit deadline if London made such a request, France's Europe Minister Nathalie Loiseau said on Wednesday."At the time of speaking, it's just a theory because Mrs May has never asked for it and neither has anyone in her ...

International »

Australian towns among hottest spots on Earth as heatwave sizzles


Australian towns were among the hottest places on Earth this week as a severe heatwave hit the continent's southeast, with forecasters warning of more record-breaking temperatures before the weekend.The past four days were among the country's top 10 warmest on record, with temperatures nearing 50 degrees Celsius (122 degrees Fahrenheit) ...

Entertainment »

Katrina Kaif disagrees with the term ‘item song’


Katrina Kaif has come a long way in the 16 years she has been a Hindi film actor - from being known mainly for her dancing ability, to her acting talent being proved by films such as New York, Rajneeti and Zero. On how this journey has been so far, ...

Editorial »

Don't waste public money in the name of development projects


A Bridge built 22 years ago over a canal at Chilarkandi village in Moulvibazar's Kulaura upazila remains unused as it has no approach roads. The incident may be cited as a bright example of lack of coordination among the relevant departments and total waste of public money. The 12-metre long ...

Sports »

Ukraine's Dayana Yastremska (left) is congratulated by Australia's Samantha Stosur after winning their first round match at the Australian Open tennis championships in Melbourne, Australia on Tuesday.


Sports »

Serena Williams returns to Australian Open with emphatic win


AP, Melbourne :Serena Williams jumped straight back in where she left off at the Australian Open, returning for the first time since winning the title in 2017 when she was pregnant with her first child.Williams conceded only five points in the first set and was completely clinical in a 6-0, ...

International »

Iran satellite, that US was wary about, fails to reach orbit


AFP, Tehran  :Iran launched a satellite criticised by the United States on Tuesday but it failed to reach orbit, state television quoted the telecommunications minister as saying."The Payam satellite was successfully launched this morning with the Basir satellite carrier. But the satellite unfortunately failed to be placed in orbit in ...

International »

Model claiming Trump's 'Russia secret' goes to trial over "sex scandal"


AFP, Pattaya :A Belarusian model who sensationally claimed she had proof of Russian efforts to help Donald Trump win office appeared in court Tuesday for the expected start of her trial over running a "sex training course" in Thailand.Anastasia Vashukevich, known by her pen name Nastya Rybka, has been held ...

City »

Nepalese envoy makes farewell call on PM


Outgoing ambassador of Nepal to Bangladesh Prof. Dr. Chop Lal Bhusal and his spouse made a farewell call on Prime Minister Sheikh Hasina at her office here on Tuesday.  Dr Bhusal thanked the Prime Minister for her government's support in discharging his duties in Bangladesh. He particularly recalled the support ...

Entertainment »

Apurba, Safa Kabir in Nazia Hasan’s story


Sheikh Arif Bulbon :Safa Kabir and Apurba worked together as a pair in Valentine’s Day special play titled Tumi Bolley. Story of the play was written by Apurba’s wife Nazia Hasan Adity for the first time.Apurba and Safa played in roles of Aayan and Hridita respectively in this romantic story ...

Cricket »

Olivier sparks South Africa to sweep of Pakistan


Duanne Olivier sparked a Pakistan collapse as South Africa completed a series clean sweep with a 107-run win on the fourth day of the third and final Test at the Wanderers Stadium on Monday.Starting the day on 153 for three, Pakistan lost their remaining seven wickets for 120 runs to ...

Sports »

Emotional Wozniacki launches Australian Open defence


Caroline Wozniacki fought back tears after launching her Australian Open defence with a convincing 6-3, 6-4 win over Alison Van Uytvanck of Belgium on Monday.The third seed won her maiden Slam at Melbourne Park last year but has since been diagnosed with rheumatoid arthritis, a debilitating auto-immune disease that has ...

 
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