All for a neutral legal system
WHO would not demand a neutral legal system when there is a boom, or proliferation, of crimes of all shapes and sizes in Bangladesh? The legal system, a police station or a court of law, is the last resort for a victim of injustice, therefore, ideally, he or she must not harbour any fear while placing the complaint and seeking justice. But is it that smooth a sailing in this country? If so, then why do stories of unpalatable experiences of mistreatment in police stations abound in the media?
Why should the state of things (like intimidating witnesses, lengthy trial, bribery, false witness etc) in and around the sacred precincts of law scare people away? Isn't this a civilised country where you have the right to justice?
In a civilised country you expect to be treated with dignity by the members of the law enforcing agencies and those higher up in the ladder of the legal system. They are under oath to "serve" the people of the Republic without making any discrimination. But, in real life, do we get such unblemished treatment? Frankly, the right to dignity is one right very much overlooked in this country. Here, dignity is an enigma, a metaphor, determined by the kind of work you do and the kind of clothes you wear. That is why a policeman dares to slap in public a rickshaw-puller who is sweating profusely under the scorching sun. So much for human rights.
It is a widely held impression that more and more discourses should be initiated in and out of parliament on bringing about qualitative changes in the entire legal system of the country, starting from your shaky step inside a police station to taking your happy step out of the court with the certificate of justice. Is it too much to ask for? Ask any innocent victim of harassment (I don't mean politicians. I mean the lesser mortals -- ordinary citizens) and you will be given scores of examples of the ordeal they have to endure in their lonely sojourn through the "ghost infested" network of the legal system.
A sufferer will tell you why the entire process, beginning from filing a case in the relevant police station followed by police investigation and submission of FIR to arresting and then sending the alleged offender(s) to court, needs to be made neutral, speedy, accountable and transparent. Because, how the complaint is written down in the police record book and how the investigation is carried out covering all the relevant areas, and in what language the first hand report is prepared, immensely affect the legal proceedings of the case in a court of law. If the investigator finds a "Joj Mia" in every case then we can well guess the fate of the case. Therefore, proper investigation and honest FIR are the least one can expect from a police force to ensure one's right to justice.
It is an open secret now that blatant politicisation of the legal system, except in case of some rare "diehard" people still holding on to the quaint ideals of integrity and morality, has made it weak, partisan and controversial. The "ghosts" of the political parties continue to haunt the corridors of the system. Despite numerous discourses on the subject, the corrupt elements in the country's political system have been successful in infiltrating into the sacred arena of law and justice, thereby weakening the foundation of the last fortress of hope of the victims of oppression. Pitiably, the legal system itself has largely become a source of oppression for the weak and the meek.
Today, we watch with a sense of foreboding, with heightened concern, how the politicised legal system operates to protect criminals on the basis of their "identity." The people in the system are supposed to be neutral and are supposed to perform their responsibilities rising above any fear, favour or prejudice, but in reality, they serve the interest of the government of the day, if it happens to be "their" government.
With such people manipulating the legal system from the helm, for five years a criminal can do anything, from looting, encroachment, smuggling to rape and murder, and stay away from jail. All he has to do is show the identity card of a political party or some powerful groups with lots of clout. In the past, politicians unabashedly tampered with the country's laws and turned good laws into bad laws, particularly those used for trying corruption and encroachment charges. They created numerous loopholes in those laws and added clauses and sub-clauses to suit their purpose. They no doubt enjoyed the benefits of this later.
Today, because of such flawed laws, we see almost all the smugglers, encroachers, plunderers, murderers and thugs openly walking the streets on bail. And I have this uncanny feeling that they somehow know they will never go back to the prisons. That is why they feel no remorse or shame while appearing on TV talk shows to give sermons to the people of this country.
As an epilogue I would say that if we do not make the legal system neutral and people-friendly, corrupt elements would go about browbeating us with impunity. In such a fearful ambience no development will be meaningful, and we shall continue to sink in an abyss of social anarchy.
For all latest news, follow The Daily Star's Google News channel.
Comments