Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Friday, June 21, 2019 04:30:11 AM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Commentary

Bail refusal and police remand no less alarming for innocent ones

By Editorial Desk
21st-May-2016       
Comments
Share your thought
Post a comment »
Read all () »

The Chief Justice of Bangladesh Mr Justice Surendra Kumar Sinha has found arrest of people by plain-clothes men alarming. The Appellate Division of the Supreme Court was hearing an appeal against the judgement of the High Court Division giving a fifteen-point guidelines on arrest and interrogation by police. Despite those clear, specific and binding guidelines these are ignored by the lower judiciary to follow to make justice kindly and fair.
In Bangladesh, extremism is no less alarming because of the way the government policy is contributing to extremism and string of vicious killings. The high ranking US Ambassador Mr William B Milam who is known also as senior policy scholar has warned in an article published in The New York Times Friday that to respond to the wave of attacks as though it were principally a security issue, rather than a governance problem, would only make matter worse. He is critical of strengthening cooperation of US and India with Bangladesh authorities to counter terrorism.
It is relevant for our judiciary to realise how important not to be influenced by wrong political perception of the government in dealing with the crime situation. The courts will have to be more cautious about easy abuse of police power in the name of fighting extremism when good governance is lacking. The judiciary must do what it is required to do, protecting people's rights in doing justice. Let politics be left for political leaders.
Nobody must get away with the idea that the police can make anybody of a free country helpless to police power because the judiciary is not above them.
If followed the guidelines given by the High Court Division in the form of a judgement, it would have greatly hindered politically abusing police power and in turn abusing the justice system.
So it be said that by being tough on bail the criminal justice system has subjected itself to be abused. It has become easier to use the courts to deny innocent people their personal liberty when the courts' constitutional commitment is protecting one's right to be free. If the government wants to detain anybody politically let it do so politically without giving bad name to the judiciary.
Again, by sending an accused to police custody the courts are making citizens of a free country totally helpless to the police. Whether used in all case or not we have a torture cell for use even in normal criminal cases.
 Countries use torture centres like American Guantanamo camp against enemies of the country. Even such actions are criticised as violation of human rights. But not torture cells as part of normal criminal prosecution.
Our Constitution prohibits torture or degrading treatment for incriminating any one. Yet, using torture has become systemic in our criminal justice process.
The sanctity of the Constitution means most importantly the sanctity of the justice system. It is the most sacred responsibility of the courts to be the protector of the constitutional rights of the people.
The judges knowingly and freely have chosen to bear the burden of protecting freedom for the people. They cannot be faint-hearted about protecting the people's rights and freedom. They are independent and above politics.
Our view has long been to make bail easy for the need of making justice to be transparent. Nobody should have reason to become fearful of false cases by police to suffer in jail and be harassed. To be innocent is to be proved when trial takes place after years of incarceration.
We have insisted time and again that sending an accused into police custody for interrogation is a disservice to fair justice. Justice is not a matter to be determined in dark cells of a dark corner. We are civilised enough for deserving civilised treatment
Being tough on granting bail has not stopped rising of serious crimes. The people have reasons to doubt that  dangerous criminals remain free under political protection because keeping the innocent ones in jail is so easy. So harshness of police action has no justification for making life safe.
The major corruption in the lower judiciary is centring on bail and police remand. The Supreme Court should know more about it. The story is, those who can afford do not come to the Supreme Court for bail. Those who come are told of law.
Because refusing bail has not reduced crime should be the justification for making bail easy. Terrorism is growing for the incompetence of the government. The solution is not defending arbitrary power.

Tariff
Add Rate

News Archive

Inside The New Nation

Editorial »

Prevent any further unwanted incident at Payra Power Plant


A CHINESE worker, who was injured in a clash over the death of a worker at Payra 1320 MW Thermal Power Plant in Kalapara Upazila on Tuesday, died at Barishal Sher-e-Bangla Medical College Hospital on Wednesday. The deceased is Jung Yung Sung, an employee of the power plant. Factory workers ...

Cricket »

England bowler Liam Plunkett back in training after virus


England bowler Liam Plunkett has returned to training after recovering from a virus.The 34-year-old did not play in the 150-run Cricket World Cup win over Afghanistan on Tuesday, but is part of the squad ahead of Friday's clash with Sri Lanka at Headingley.Eoin Morgan, who suffered back spasms in the ...

Cricket »

We left everything out there, and that's all I can ask for: Faf du Plessis


In the year 2000, at a time when West Indies' decline had started gaining prominence in the cricket world, Steve Waugh was asked if he had any advice for Jimmy Adams to help their team come out of the rut. "Have a serious drink tonight," quipped the Australian captain to ...

International »

Tories pick final two in battle to become British PM


Conservative MPs will decide Thursday who will join Boris Johnson in the final two battling become Britain's next prime minister, with three contenders jostling for the second spot.Foreign Secretary Jeremy Hunt, Environment Secretary Michael Gove and Interior Minister Sajid Javid are vying to join Johnson on the ballot paper to ...

International »

Khashoggi’s killers will ‘pay the price’, says Turkish President


AP, Istanbul :Shortly upon the release of a UN report regarding Jamal Khashoggi's killing, Turkish President Recep Tayyip Erdogan on Wednesday said that late journalist's killers "will pay the price.""(They will) pay the price and be held accountable," Anadolu Agency quoted Erdogan as saying during an event in Istanbul.Khashoggi, who ...

City »

Prime Minister Sheikh Hasina visiting different stalls after inaugurating the programmes of World Environment Day and Environment Fair'19 at Bangabandhu International Conference Centre (BICC) in city on Thursday.


Editorial »

Govt's machinery is broken: HC's direction is welcome but will not work


Selling and storing of substandard and expired drugs in the pharmacies across the country have reached such a dangerous stage that it has now become extremely harmful for the public health requiring the High Court to interfere.  The government seems to have totally failed to ensure proper monitoring in this ...

Football »

France detain soccer great Platini in 2022 World Cup probe


AP, Paris :French police investigating whether corruption played a role in the stunning decision to award the 2022 World Cup to Qatar took 1980s soccer superstar and former top executive Michel Platini into custody Tuesday for questioning.Platini's representatives denied any wrongdoing on his part, saying he is "absolutely confident in ...

International »

Johnson looks to cement UK leadership lead after surviving TV debate


Brexit figurehead Boris Johnson will look to cement his stranglehold of the UK leadership race Wednesday after emerging unscathed from a TV debate against his four remaining rivals.The former foreign minister kept his cool and made no evident stumbles in a showdown that followed a second-round ballot in which he ...

Business & Economy »

MBL's award giving ceremony held


Economic Reporter :Mercantile Bank Ltd on Monday organised the 'Mercantile Bank Sommanona-2019' to award four eminent personalities and one institution for their outstanding contributions to the society. Bangladesh Bank Governor Fazle Kabir handed over the gold medals, crests and cheques to all the awardees at a graceful ceremony at Hotel ...

Entertainment »

Maera Mishra is excited about her upcoming projects!


Maera Mishra is an Indian actor and model. She is as in the 11th season of MTV Splitsvilla. Ever since she featured in Splitsvilla Maera has not looked back. Maera is also a budding actor and she could be seen in love on the run on MTV, Savdhan India, Fear ...

Entertainment »

Soundarya Sharma yet again strikes a humanitarian chord


It was just recently when she instead of attending an event chose to help an injured cyclist. Now we just learned that Actor Soundarya Sharma is sponsoring health care for an elderly couple for a year, she came across an article about how elderly are lacking proper health care, as ...

International »

Trump heads back to base for 2020 campaign kickoff


President Donald Trump will get a big crowd of his most loyal supporters at Tuesday's official 2020 reelection campaign kickoff in Florida but dismal early poll numbers show the larger-than-life Republican businessman is vulnerable.Organizers claim the Orlando rally has sold out a 20,000-seat arena, with many more to gather outside, ...

International »

China warns US against opening ME 'Pandora's box'


AFP, Beijing :China on Tuesday warned against opening a "Pandora's box" in the Middle East after the United States announced the deployment of 1,000 additional troops to the region amid escalating tensions with Iran.Foreign Minister Wang Yi also urged Tehran to not abandon the nuclear agreement "so easily" after Iran ...

Cricket »

Shakib Al Hasan: A man born to create milestone


Talismanic all-rounder Shakib Al Hasan now won two matches for Bangladesh in this World Cup, all by alone. When most of his teammates looked inconsistent, he did it by his own almost, albeit with little support from two different men in two different games.In Bangladesh's 21-run victory over South Africa, ...

 
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