Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Friday, September 21, 2018 02:58:57 PM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Commentary

Prosecution not being independent is fatal for criminal justice

photo by

By MAINUL HOSEIN
24th-Apr-2016       
Comments
Share your thought
Post a comment »
Read all () »

Our Constitution requires the prosecution to be independent like the judiciary as part of the judiciary. The process of justice has to be saved from political abuse of criminal proceedings. How bad the situation has become for the judiciary should be clear from the fact that criminal cases are freely used for political ends. The enforcement of law for initiating court cases has to be impartial and not amenable to manipulation from outside.The constitutional legitimacy of the independence of the judiciary is beyond question. The same cannot be claimed by the government. It is legitimate for the Supreme Court to insist on independent prosecution. Criminal cases are lodged by the state and conducted on behalf of the state, not the government. But in our case it is in every way a government matter.   Our non-government human rights organisations, including our own official Human Rights Commission do not concern themselves with the need of the rule of law or independence of the judiciary for securing human rights. They often talk about human rights violations after the event. But they do not care to make the constitutional system functional for safeguarding the human rights. Independence of the judiciary not considered an issue. They will not demand prosecution of criminal cases to be free from government's control. The result is: human rights are easily violated and our human rights bodies also raise protest regularly for the record. The victims suffer unheeded. The whole criminal prosecution system is controlled by the government. The police is government police. The lawyers are also government lawyers, changeable with the change of the government. The Anti-Corruption Commission has their own lawyers independent of the government control. But this same example is not followed for having an independent prosecution dealing with much larger number of criminal cases.   Constitutionally, the government itself being very much under the rule of law it cannot be in charge of the prosecuting process. This is the reason why the men in government are sure of being above the law as long as they remain in power. So loosing power is unthinkable. Under the rule of law this is not permissible that the government will exclusively decide who should be prosecuted and who should not be. They have to satisfy the independent prosecution. No system can work in part.The fundamental rights are most needed when one faces criminal proceedings. An accused can be taken into police custody for questioning. On insistence of the prosecution he can even be locked up without bail. Thus all his fundamental rights may prove to be of no help. All his family members may lose their bread earner, before one is found guilty of the offence alleged. Our justice system must not be part of the ruthless power struggle we have. The rights guaranteed under the Constitution are not to be interfered with by the government. In our present politics it has become easy to dictate cases politically. Politicians should deal with opposition politicians politically. Reliance on police power for facing political opponents is a reflection of weak and undemocratic political leadership.The authority of the government to apply administrative laws for administration is not denied. It is altogether a different cup of tea when law is applied for lodging a criminal case against one. The problem of our politics in the midst of leadership crisis is that our leaders do not understand the need of good governance. They understand their own need of remaining in power. All the institutions of good governance are degenerating for being neglected. Bad governance is bad for the government also. No badly managed government can rely on fear of police power too long. The breakdown of law and order is horror for everybody. The fatal defect of the criminal justice system is that criminal prosecution is in the hands of the government. So the fear is that the criminals can escape punishment because the prosecution is not independent. If a criminal can avoid arrest, no court can punish him.  It is a fatal weakness of our judiciary that the prosecution is fully under the grip of the government. When the judiciary enjoys the Constitution's full trust for ensuring justice under law, but in reality, justice is often hindered by absence of independent prosecution. The judiciary, as guardian of the Constitution, must tell what the government can and what cannot do for running a constitutional government.If the people are allowed to enjoy their fundamental rights and are thus saved from abuse of power, that itself will be a big hope for the people to look forward. As the Constitution mandates, let the independent prosecution handle the criminal cases on behalf of the state and not as desired by the government. The system building role is played by knowledgeable sections of the people everywhere.  To be hypocritical is not to be responsible.

Tariff
Add Rate

News Archive

Inside The New Nation

Editorial »

Rohingya crisis: UN is helpless without active cooperation of int'l community


THE United Nations was established with a mission to stop brutality and promotion of human rights across the globe but at present is apparently helpless to stop the Myanmar military atrocity on Rohingya ethnic community. Though the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, the ...

Cricket »

India rout Pakistan by eight wickets in Asia Cup


AFP, Dubai :India crushed Pakistan by eight wickets in their long-awaited Asia Cup match which failed to live up to its hype in Dubai on Wednesday.Pace spearhead Bhuvneshwar Kumar (3-15) and part time off-spinner Kedar Jadhav (3-23) sent Pakistan, who won the toss and batted, collapsing to just 162 all ...

Football »

We aim to play SAFF U-16 Women's final: Choton


Bangladesh U-18 national women's football team head coach Golam Rabanni Choton said they aim to play the final of the SAFF U-18 Women's Championship which is scheduled to be held from September 28 to October 7 in Thimpu, Bhutan.He was speaking at a pre-departure press conference on Thursday at the ...

International »

US-North Korea relations making 'tremendous progress': Trump


President Donald Trump on Wednesday said US relations with North Korea are making "tremendous progress" from the days before his presidency when the two countries appeared close to "going to war."Trump said a recent letter from North Korean leader Kim Jong Un confirmed the positive track, which he said has ...

City »

Newly elected executive members of Bangladesh Photo Journalists Association paid a courtesy call on Shipping Minister Shajahan Khan at his ministry on Thursday.


Entertainment »

Not always necessary to do issue-based films: Yami Gautam


Actress Yami Gautam, who stars in Batti Gul Meter Chalu, says it is neither necessary nor possible for an actor to do issue-based films all the time. Yami was interacting with the media here on Wednesday at a promotional press conference of the film that releases on Friday. She was ...

Football »

Japanese MMA star Norifumi 'Kid' Yamamoto dies at 41


Tributes flowed Wednesday for charismatic Japanese Mixed Martial Artist ( MMA) Norifumi "Kid" Yamamoto, who died at age 41, three weeks after announcing a battle with cancer.Born to a family of wrestlers and martial artists, the wiry, tattoo-covered Yamamoto took on larger opponents in a wide range of MMA events, ...

Editorial »

Ecological danger for destroying forest by Rohingyas


A STUDY has revealed that 4,300 acres of hills and forests have been razed in Cox's Bazar to set up refugee camps and cooking fuel for Rohingyas who fled ethnic cleansing in Myanmar. Quoting the study, news media reported that about 3,000-4,000 acres of hill land at Teknaf and Ukhia ...

International »

Kim agrees to dismantle main nuke site if US takes steps too


AP,  Pyongyang :The leaders of North and South Korea announced a wide range of agreements Wednesday which they said were a major step toward peace on the Korean Peninsula. But the premier pledge on denuclearization contained a big condition, with North Korean leader Kim Jong Un stating he'd permanently dismantle ...

International »

Sex with Trump 'least impressive' she's ever had: Daniels


Stormy Daniels, the porn star who claims to have slept with Donald Trump over a decade ago, says in her upcoming tell-all book that it may have been the "least impressive sex" she'd ever had, The Guardian reported Tuesday.In her book, "Full Disclosure," Daniels also provides a graphic description of ...

Entertainment »

I`m seen as a fierce and opinionated woman post Bigg Boss: Hina Khan


Actor Hina Khan believes Bigg Boss helped her showcase her real personality, which is that of a woman who does not shy away from speaking her mind. The actor became one of the most talked about contestants on the 11th edition of the reality TV show, which has just begun ...

City »

Dhaka University teachers formed a human chain programme on the campus on Wednesday demanding release and proper treatment of BNP Chairperson Khaleda Zia.


Editorial »

We welcome Islamabad for awarding Bangladeshi-origin refugees Pakistan`s nationality


PAKISTAN government has decided to grant nationality to all Pakistan-born refugees of Bangladeshi and Afghan origins staying there for decades. Prime Minister Mr Imran Khan on Sunday made this announcement during his maiden visit to Karachi, saying the Bangladeshi and Afghan refugees who were born in Pakistan would get National ...

Sports »

Argentina's Facundo Conte (left) and teammate Alexis Gonzalez celebrate during the Men's World Championships' volleyball match between Argentina and Slovenia, in Florence, Italy on Monday.


Football »

FIFA president Infantino has doubts about La Liga match in Miami


AFP, Barcelona :FIFA president Gianni Infantino has expressed concern about La Liga's proposal to stage a fixture between Girona and Barcelona in the United States.The two clubs have each approved a request submitted to the Spanish Football Federation for the match to be played at the Hard Rock Stadium in ...

 
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