Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Thursday, April 18, 2019 11:19:57 PM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Commentary

Humanising criminal justice system is more urgent

photo by

By MAINUL HOSEIN
05th-Apr-2016       
Comments
Share your thought
Post a comment »
Read all () »

It will inspire many to see the Chief Justice Mr Surendra Kumar Sinha eager to have a healthy national debate over functioning of the judiciary. He has been suggesting reforms of the old and outdated laws to deal with the changed situation.What is disturbing is his comments that for flaws in law the case of Tonu, the girl raped and murdered in or near Comilla Cantonment, will face difficulties. Yet, our fear is that wrong persons may be punished, the reason being, we are living in a situation where 'others people's lives' are not important. Truth can be suppressed, manipulated and even some guilty ones can get away untouched by law. Where police cannot be trusted about fair investigation no law can cure it. Our police are too much under politicisation and cannot be trusted fully.  The way the crisis of crime and punishment is unravelling itself, humanity of justice looks forbidding enough.  Mr Justice Sinha regretted that the law makers lack knowledge of law. He should know that the law makers are chosen for loyalty and not for their ability as law makers. This is how politics has gone into the wrong hands. Many responsible officers of the government are also not serious to act in accordance with the provisions of law. The judges and the lawyers experience such omissions everyday.   The issues raised by the Chief Justice have, as expected, provoked debate and discussions among the lawyers and the elite. Every serious minded man and woman will agree that the legal system is being neglected as because promoting the rule of law in the country      is not a seriously understood consideration in our politics. The present government is going in the direction of socialism which does not believe in independent judiciary for the need of impartial justice.The fact is that the lower judiciary is under various pressures and needs protection of the Supreme Court. The politicians tend to show the arrogance of remaining above the law. The newly rich ones with political connections have the arrogance of ill-gotten money power. The consequences are abuse of law and prevalence of corruption at every level of the governance. The general picture is that the justice system has become too expensive and harsh for the poor and helpless ones. The police power enjoys overwhelming sway over an alleged offender to decide his fate. Investigation is made easy for the police. They can get anyone arrested and thereafter take him into their exclusive custody by way of remand and feel free to gather information applying any tactics they prefer to use. It is not considered necessary that an accused must have his lawyer present when he is asked questions to answer. In many cases, harrowing stories of torture, mental and otherwise, remain untold. We believe, this method of routinely sending an accused to police remand is simply criminalising the police. The courts also, for reasons not easily comprehensible, concedes to police request to take anybody facing a court case into their lonely custody. It is most difficult for an accused to see that he has the protection of law against police excesses.To make an accused so helplessly submit to the police custody for interrogation is unthinkable in a fair justice system. Whatever is written in the Constitution for protection of an accused's right not to be forced to give evidence against himself is flouted everyday in almost every criminal case.To get bail is another area where our criminal justice system, as practised, is mindlessly flawed. An accused is refused bail as if to be free on bail is wrong. He must be punished first before he is found innocent by a court. To make one suffer in prison simply on police report is like trial by the police and not by a court of law. False and inimical cases are encouraged because it is so easy for the police to keep one locked in and shut up. Because our justice system is not working the way the justice system should for helping the innocent ones, crimes are soaring and court cases are also piling up. The failure to prevent crimes should be worrying for the justice system. The number of cases cannot be seen as a success to punish the real criminals.    The Chief Justice does not deny the existence of corrupt practices in the judiciary. He explained that the courts are not an island but a part of the society. But the judiciary is to be a fortress for doing justice honestly.There is a widespread and well-organised corruption network in respect of remand and bail matters. Nobody who is keen to reform the justice system can ignore and stay helpless doing nothing about inhumanity and corruption built over the years in the criminal justice system. It is the Supreme Court where the people come as the last hope for justice. The judges cannot dictate who the law makers will be or modernise the laws but the judges can certainly assure the nation of doing the right thing themselves in the field of judiciary. Let bad laws not mean denial of justice, the dictates of humanity prevail as justice.It is only right for the Chief Justice to feel that he has a special duty and obligation to do what he can do himself along with other judges for humanising the criminal justice system. Everybody needs to feel secure that the justice system is above politics and political interference.It is the fair criminal justice system that makes all of us truly civilised. Let the politicians remain indifferent, if they so choose, but the judges and the lawyers must do their best to make the criminal justice system work humanely. What is to follow is judicial activism. Justice is nothing but an expression of humanity. The laws do not do justice, the judges do. Their Lordships of the Supreme Court have the constitutional authority to declare any law unconstitutional if it is violative to one's fundamental rights.  

Tariff
Add Rate

News Archive

Inside The New Nation

Football »

Iniesta's J-League club Kobe part ways with coach Lillo


AFP, Tokyo :Barcelona legend Andres Iniesta's Vissel Kobe have terminated the contract of manager Juan Manuel Lillo following a poor run of results, the Japanese club said on Wednesday.The 53-year-old former Real Sociedad and Zaragoza boss won just two of six games since taking charge last October as star-studded Vissel ...

International »

US waging 'financial war' against Palestinians


AP, Ramallah, West Bank :The new Palestinian prime minister on Tuesday accused the United States of declaring "financial war" on his people and said an American peace plan purported to be in the works will be "born dead."In his first interview with international media since taking office over the weekend, ...

City »

Various organisations formed a human chain in front of Jatiya Press Club on Wednesday marking the International Krishok Sangram Dibash-2019.


Entertainment »

Priya Bapat to take up a web series


Web Series are surely the in thing nowadays and so many actors, irrespective of their stardom, are being seen in them. Marathi superstar Priya Bapat has also bagged a web series called City Of Dreams. Sharing her experience of being part of the series, she says, “Web series are now ...

Editorial »

Urgent steps needed to check outbreak of diarrhoea


AT the advent of summer this year, the number of diarrhoea patients has already crossed the recent records. International Centre for Diarrhoeal Disease Research, Bangladesh, and the other city hospitals are struggling to tackle the surge in diarrhoea patients. The diarrhoea patients admitted to the ICDDR,B has crossed the number ...

Cricket »

Tearful Taskin vows to make a strong comeback


Fast bowler Taskin Ahmed vowed to make a strong comeback after being snubbed from the 15-member World Cup squad, announced by the Bangladesh Cricket Board (BCB) on Tuesday.Chocked with emotions as tears were rolling down from his cheek Taskin shared his disappointments with media."Its' ok just pray for me," Taskin ...

Editorial »

Save the state-owned jute mills


WORKERS of state-owned jute mills across the country withdrew their 96-hours strike last night after the Bangladesh Jute Mills Corporation (BJMC) agreed to some of their demands. The decision came after a meeting between worker leaders and top BJMC officials on Monday night, following the first day of the second ...

International »

World leaders stunned by Notre-Dame fire, urge rebuilding


AFP, Paris :Global leaders and institutions shared the international shock at seeing Paris's Notre-Dame Cathedral consumed by flames.They stressed the unique and iconic place the monument has in human history and expressed solidarity with France. Pope Francis "is praying for French Catholics and for the people of Paris in face ...

City »

Prime Minister Sheikh Hasina visiting a stall at Bangabandhu International Conference Centre after the inauguration of National Health Service Week 2019 at Bangabandhu International Conference Centre yesterday.


Entertainment »

What motivated Priya Bapat to take up a web series?


Web Series are surely the in thing nowadays and so many actors, irrespective of their stardom, are being seen in them. Marathi superstar Priya Bapat has also bagged a web series called City Of Dreams. Sharing her experience of being part of the series, she says, `Web series are now ...

Editorial »

Bring private hospitals under rules and regulations


Health and Family Welfare Minister has said that government is planning to fix the charges of services provided by private hospitals and clinics. "It's a complex process but once implemented, it'll help ensure that the service seekers aren't cheated," he told a media conference yesterday. The minister also said the ...

Entertainment »

De De Pyaar De not just a rom-com: Tabu


National award-winning actress Tabu says De De Pyaar De is not just a rom-com, but explores deep and serious issues related to human nature. “I haven’t played a part like this in the past and so it was very exciting for me. De De Pyaar De has an unusual story ...

Football »

Quarter-final curse looms as Barca and Messi look to set record straight


AFP, Barcelona :Four years have passed since Lionel Messi last reached a Champions League semi-final and his drought has become a source of unease for Barcelona ahead of their latest attempt on Tuesday.Manchester United are the ones looking to emulate Atletico Madrid, Juventus and Roma by sending Barca out in ...

International »

Sudan protesters demand 'immediate' civilian rule


AFP, Khartoum : Sudanese protesters on Sunday demanded the country's military rulers "immediately" hand power over to a civilian government that should then bring ousted leader Omar al-Bashir to justice.Thousands remained encamped outside Khartoum's army headquarters to keep up pressure on a military council that took power after ousting Bashir on ...

International »

Moon pushes for summit with N Korea's Kim despite nuclear standoff


Reuters, Seoul : South Korea's President Moon Jae-in said on Monday he will pursue "in earnest" another summit with Kim Jong Un despite the North Korean leader's recent criticism of Seoul's self-proclaimed role as a mediator in stalled nuclear talks.Moon has been eager to regain momentum in talks with North Korea ...

 
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