Grenade and garrulity: Time for pragmatism

Citizen's concern
What, however, all right-thinking citizens should ask, is whether foreign governments and their investigative agencies shall be the appropriate answer for relief and remedy every time a fatal explosion occurs resulting in so many tragic deaths? Are we preparing, willy-nilly, to forsake one of the primary functions of a vital state institution? Requesting foreign nationals and organisations to do what precisely is a national responsibility point to an unhealthy state, howsoever well-intentioned the government's concern may be in this regard. The actions relating to the investigation of a criminal offence is a basic regulatory function of a sovereign government and state. In conducting and supervising such functions expert help and latest technological support of developed countries may be obtained to plug some gaps but the primary effort of proper investigation lies squarely on the Police/CID who have to go by the statutory provisions.

The trust factor
Properly investigating a criminal offence particularly that relating to deaths of persons, mostly political, as a result of explosions mentioned hereinbefore, has become an extremely disconcerting assignment. We have allowed a situation to develop wherein there is open distrust of the capability and neutrality of the state investigative apparatus by the victims of the explosion and their near relations. The commonly leveled allegations are inaction and waiting for instructions from higher authority. Somehow these allegations cannot be brushed aside readily as informed observers will perhaps find some substance in such accusations. The painful reality is that, as of now, these incidents relating to explosions and bomb blasts have to be investigated by the institutions branded as ineffective, untrustworthy and partial until the legislature has found an alternative agency to do the onerous job or the existing arrangements have demonstrated sufficient credibility to let the institutions to go ahead with their assigned job.

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Investigation by the police: Search for alternative
Our criminal procedure code in section 4 defines investigation as under:

"Investigation" includes all the proceedings under this code for the collection of evidence conducted by a police officer or by any person (other then a magistrate) who is authorised by magistrate in this behalf.

Regulation 255(a) of the Police Regulations of Bengal says that "The general responsibility for all investigations within the limits of his jurisdiction will rest with the senior sub-inspector of the police station."

In view of the above statutory requirements there is practically very little scope of not entrusting the police or the CID with the investigation of the criminal cases relating to the grenade attack or the bomb blasts. One has to bear in mind that the horrendous acts of grenade hurling or bomb blasting constitute criminal acts as per our laws and they must be reported to appropriate authority having jurisdiction, be investigated by competent agencies as per regulation and report submitted to competent court for trial in accordance with laid down regulations and evidentiary requirements. It is only proper to remember that any deviation in the above process can only prejudice the proper investigation.

The demand for investigation of the explosion incidents by foreign or international agencies have to be seen in the above-mentioned context. The question is do foreign agencies have a legally valid locus-standi to conduct and supervise criminal investigations in the background of their being considered essential by some in the present socio-political scenario? As far as this writer understands, as of now, there is no scope for foreign or international agency to conduct substantive criminal investigation of an offence taking place in Bangladesh. The process of criminal investigation, amongst others, includes intelligence gathering for proper detection and therefore, the required empowerment of foreign agencies to collect intelligence on our soil is likely to create a host of unwarranted complications.

The admissibility or otherwise of the evidence and depositions of foreign agencies and their readiness to subject themselves to our legal requirements may pose another problem. Investigation may be done by an individual or a team but when investigators are from different nations the question of command and control assumes significance. Such significance has to be appreciated in the light of the legal stipulations having an impact on the correctness of the investigating process.

The appropriate course
Therefore, when exemplary swift actions are demanded by every quarter to commence and complete the criminal investigation in an efficient manner, would it be beneficial and prudent to insist on exclusive foreign investigations? There is one view that all efforts be made immediately to take advantage of our existing legal provisions to ensure impartial investigation. Since this is a national necessity, one may think of closer judicial scrutiny during the investigation, made possible through appropriate directions from the highest court. As the cases relating to grenade attack or bomb explosions are considered public interest proceedings, the apex court may find it necessary to intervene in an appropriate manner. This, however, does not mean that the high-powered administrative body formed by the government to ensure expeditious investigation will not be energised by official pressure and public demand to do their job in an upright manner. Simultaneously, expert help from foreign and international agencies should be sought with an open mind.

Securing the scene of occurrence for optimal use of latest scientific investigative aids should be a foremost priority. This is very important because in the recent past there have been complaints of indifference in this regard. Intelligence sharing with foreign agencies regarding the perpetrators/groups must be in the interest of impartial investigation, unaffected by partisan considerations. The investigators must remain immune to the acrimonious deliberations of the political divide in so far as it relates to the substance of their professional enquiry. These are seemingly tall orders in our present circumstances but we have to prove ourselves equal to the professional standard expected at home and on the international parlance. In so doing our sovereign credentials will rest on a firmer footing and our governance potentials shall earn the due recognition.

Political imperatives
The discussions made hereinbefore principally relate to reactive measures and as such has limited effectiveness in striking at the core of the problem and offering durable long-term remedies. What, therefore, should engage the serious attention of our leaders is the dispassionate study of the rise of violence and extremism in our political life. It needs to be seen whether some institutions are promoting violence as a means to achieve partisan political objective and what actions could be taken to convince young people to abjure violence as a way of life. At the same time the areas affected by extremist/fundamentalist activities must come under special surveillance to nab the incorrigible hardcores. The government's authority must be conspicuous in such places.

The menacing reality of physical annihilation of political opponent is a phenomenon of comparatively recent origin. With the administrative acumen available at our disposal it should not be difficult to tackle violence in public life if the major political parties disown their rogue elements. If it is earnestly done then the field executives will understand the signals. In such an eventuality the needful will be accomplished sooner than later. Therefore, what is needed is strong political will resulting into demonstrable actions. The de-criminalisation of the political process will surely prove to be a challenge of an uphill task. In this task there is no alternative to success because we have committed ourselves to a democratic way of life and undoubtedly no democrat can allow the aberration of violence to interpose between the nation and the polity.

We have to decide if violent deaths from grenade attack and bomb blast should be allowed to continue as a pathetic recurrent reality on the national scene as is the situation now. Civility demands that all instances of such deaths be treated apolitically and efforts made to de-link violence from the mainstream politics. The language of reason must take precedence over the language of weapon to prevent us from sliding further.

Muhammad Nurul Huda is Former Inspector General of Police and Secretary to the Government.