Is Bangladeshi Judiciary and execuitive body really healthy?
Variables: Section-54, Influence, Internet in the Judiciary, Remand
Muhammad Shamim Akhter, 28 December, 2010:
In 2003 I was charged a lawsuit by the Special Branch of Police at the then Zia International Airport under section 54. Later my case was disposed from the lower court and I was acquitted having proved that I was innocent. In the mean time, I was dragged to the temporary jail at the airport and later court wearing a rope around my abdomen and everybody had already known that I might be a criminal and so the right people had locked the right person. Later I asked to my lawyer, “Can't I get any remission from the Police department who had harassed me and bound me to spend money just filing suit under section 54?” The lawyer said, “You can not confront with police, since they may lodge false case against you once more. So let it be forgotten.” I was temporarily pacified with the answer but frustrated in the long run. Can't they (lawyer) fight against the Police's performance? Answer is very complex. Who is responsible for the law and order in the country? Some of my friends further informed me that this is the police who produce suits, in many cases, so that the lawyers may suck the blood of the client! I could not disagree with them, since my investigation corroborated the claim.
Legislative, judiciary and executive bodies are responsible for a country to make the same free from suppression. We all felt relief with the crossfire; however, it can not be denied that such an act may be a reversal. Legislative, judiciary, executive body having free from exploitation may bring peace in the country. The collapse of coherence among these three bodies may bring anarchy, , deterioration of law and order, even poverty. Indexes of the state suggest that law and order is very clumsy now and it is in fact the consequence of the collapse of coherence among them.
One of my friends told me a story about a picture hanging on the wall in the chamber of Barrister Roknudaullah, the candidate of Awami League, which showed that two men were dragging a cow grasping the head and tail respectively and another guy was milking in the middle. My friend asked: “Who is milking?' Answer: that was lawyer. If this is the situation of the judiciary and the principal of the judiciary, then how can the people get the justice ?
Separation of the judiciary was a hot debated issue during the Care Taker Government since 2007, Later we saw was a formal declaration of the separation of judiciary from the executive body. In reality, we saw that some powerful persons of the state determined the fate of the detainees, no matter what it could be beneficial to the countrymen. To be frank, our constitution had separated judiciary from the executive from the very beginning. Article 22 of the constitution of Bangladesh suggests, “The state shall ensure the separation of the judiciary from the executive organs of the state.” It was unnecessary to remarry a couple who are living for a long time having a slight feud! Unless notified to divorce, it was a foolish task to remarry to that couple. Declaration for the separation of judiciary from the executive body was like the same matter, it was unnecssary to declare whether it would be separated. For the sake of argument, although it was corroborated that CG eye washed, then what is the present situation in the arena aforseid? All the suits lodged against the persons belonged to Awami League have been acquitted and the suits filed against the opposition are kept intact, since they may be used to control the opposite. It is the reality of the present judiciary system of Bangladesh.
Furthermore, in the judiciary system, practicing of ugly politics is so rampant that the so called prominent Barristers had burnt or casued to burn the cars years back in the broad day light. If you watch the present court politics, you will find that Marathon conference of the concerned ministers with the Government supporter lawyers in the Supreme Bar Auditorium conveying to be calm subject to the condition that WAR CRIME should be go on! As a new generation, is it going to be a perfect justice in the name of Justice for the leaders who were elected and practiced politics in Bangladesh with Awami League. If Awami League could venture with Jamat-e- Islami since 1996 and may make collaboration with Ershad who was once called ‘Dictator', then what the line of politics it is! Whether to hide the burning issues, such a venture might have been rejuvenited, is a question to me who was born after 1971. Various judiciary sources have corroborated that to pacify the ‘Party lawyers' hundreds of convicts have been released by their pardon (!) and suits pending are being decided by the lobby of the lawyers backed by the ruling parties and the upper elities of party is the reality of the present judiciary system. In order to allow the specific political aim, regular cases have been going on inclining to corruption and mismangement which was corroborated by the empirical overview of the victims which was reserched and reported by Transparency International Bangladesh(TIB) which delivers corruption report every year.
If we look back in the History, it suggests that the English destroyed our judiciary system by importing so many mechanism which lingered the dispute instead of peace in thesociety. During the reign of Nabab before English, they tried to follow the Islamic law as it was derived from Al- Quaran, Sunna and Qias and accordingly Hid, Kisas and Tajil- punishment were awarded, conseqeuntly law and order was far better than English rule. Judiciary was not in most cases the tools of exploitation as it is evidenced now. During the reign of Waren Hestings, he introduced Roman law in 1772 and Cornwallis code was introduced around that times. ‘Justice delayed justice denied' became the key aspect of the judiciary. For instance, the people of the Bengal area had to go for the justice to Calcutta selling the last piece of possession many a times. The law and order became deteriorated day by day and the legacy of that has not been bypassed. During English Rule dacoits, burglars became legitimate parts of jaminder. Today's ‘Cadreism' is the legacy of Cornowalis who introduced the Roman law in 1772 where the criminals had the chance to be sheltered. During the Nabab rule: there were no heaps of cases in the court, Huligan was not sheltered by the rulers, Police Chief was responsible to share any loss of property lost in consequence of theft, robbery etc. Since Police cheif had to pay from the income of the land he was alloted, theft, poverty, hooliganism were absent in the society. Although there was a minor exception, the soceity was overall better and the judiciary was far better than present. In the name of driving towards secularism and abstaning from Shariah law since 1972, it was vigorously aheading towards such a direction that it was hard to divert the mass from the festival of misguiding and this ethos is doubtfully leading for justices far from the justices beget.
Furthermore, I want to mention the implementation of Infortmation Technology which may at best reform the Judiciary from the loop hoal. National Information and Communication Technology Policy was declared as the thrust sector by the former Prime Minister during her term where it was declared for the enhancement of the capacity of the judiciary - Supreme Court, District court and Tribunal shall be circled by the Wide Area Network (WAN) and Local Area Networking (LAN) to develop a Computer based Management Information System (CMIS). (Source: Bangladesh Economic Statistics-2005, pp. 144, see -www.gobfinance.org/ domain name changed: www.bangladesh.gov.bd ). If this could be developed since then, the judiciary system might be better from the situation people are boarded. For instance, ‘Bail business', giving fake report, false law suit, lingering of justice could be reduced and transperency in the Judiciary system could be better than ever. Present Government has declared for building Digital Bangladesh. If this is true, then why do we not see any implementation of WAN and CMIS in the courts? In the name of suits from the cause list, lawyers, touts create foggy environment in the courts, consequently the clients are to search for justice, but the message of justice cries silently.
Moreover, for the greed of 50 crore taka, a Prime Minster saved a son of a Business man, is less expected. Many argue that dealing with the convict has not been stopped. Yet, we should expect for the commencement of Tawba as Hafezzi Huzur has started in the first of 80s to set up an effective state which may impact on judiciary too.
In addition, I want to remind the volume of suits, which belonged to section 54. Section -54 is a shameful section makes law enforcers abstained from taking effort to make the suit more conclusive. Is Remand a scientific tool to produce the deposition of the convict? I think it is a barbaric tool, under threat obtaining deposition should be set aside. In the western as well as a few Muslim countries use CCTV, to gather the evidence in support of the suit so that the convict may be found out. The plan to set up a DNA lab for Police Department in Bangladesh has not been realized for last few years, since it might bring conclusiveness and detached many touts to blackmail the plaintiff and defendant. If you notice the press release of various branches of Police you will find maximum cases are filed by section -54, it is a lucrative tool, because of its application. Since it is based on suspicion, suits under section 54 may have 50-50 chance to acquit the convict and it brings the personnel of the Judiciary and executive more chance to cut the pocket of the citizen. Within last two years the fundamental chances which should be done in preferences have not been done and so the hesitation with the soundness of executive and judiciary system may not have chance to be eliminated.
To sum, we request to the policymakers of Bangladesh to ensure the field of justice through the way Allah dictates. He has given so many bounties without allowing any prejudice. Besides, His law can not press on the commoners in trouble. Judiciary is an important part to establish peace and prosperity in the state. Unless having driven in the right track, peace so expectable may remain a far reaching object indeed we must whirl in the darkness.
