Commentary

Tragic death of Mushtaq without bail on paper allegations: A judicial killing

27 February 2021
Tragic death of Mushtaq without bail on paper  allegations: A judicial killing


Editorial Desk :
A report published in a national daily dwelt on how the life of a writer and social activist abruptly ended in Kashimpur high security jail after nine months of his arrest under the controversial digital security act for writing posts, sharing links and such other charges allegedly mocking the government. The ill-fated Mushtaq has a book and he was working on another on social issues. The allegations against him includes spreading propaganda against the liberation war, Father of the nation, tarnishing the image of the nation; spreading confusion and social disorder plus hatred to cause deterioration of law and order.
These allegations are not so dangerous that he must be locked up in a jail without trial. About tarnishing national image, what image? We are a nation too timid to be slavish. Without freedom of speech we are as good as not human beings with power to speak.
If the government is always right and it knows best what is good for the country's image then people are nobody and not patriots. In a civilised country the government is blamed for tarnishing the national image by bering too greedy and by denying freedom to others only to remake in power.
The thinking about bail has to be changed. The system of justice must feel the
pain of the man and his family members for dying in jail innocent. No judge can deny that. The universal principle of justice is a person is not deserving punishment until he is found guilty by a court after trial. But in this country most are suffering in jail without bail and found guilty. Killing innocent people in jail cannot be justice.
Even our well-meaning educated people are doing the most damage by not allowing to grow safe institutions for helping the innocent ones. They know that the people who should be in jail are sending others to jail with the help of the judiciary. The judiciary cannot part of government or police for denying bail. A person presumed in law innocent does deserve to be in jail. Getting bail should be his right especially when the government  does politics with court cases.
It is not unusual for people in power to go mad and resort to killing only to remain in power. But the justice system cannot be corrupted by punishing on the police papers and refuse bail without making the country a police state. Unless the judiciary protects the people it will invite its demise.
 Unbelievable, he was denied bail six times and finally passed away on Thursday night alone with the shame of being in jail as a criminal. He was not a dangerous criminal. In fact he died innocent. Now trial should begin for killing an innocent man. It is for the judges to enquire whether he was also tortured to death. A dangerous system is dangerous for all.

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