The New Nation - Internet Edition

M. Mizanur Rahman

Since independence of Indian Sub-continent from the colonial British rulers we have been following laws, rules and regulations in judiciary and executive works of administration as laid down by the colonial masters with the exception of some amendments or modifications as per our social and political requirements. There are also a lot of adjudications through trials and errors that we have been experiencing in the trails of judicial proceedings for a long period. Even the dress of the judge and law practitioners unlike gowns and robes are also used as prescribed by colonial rulers.

However, the poor people were always the victim of the circumstances being the worst sufferers for they can hardly defray the expenses of lawsuits. Here 'Laws grind the poor rich men rule them.' Moreover, the misleading activities and directives of the political leaders of the time brought many hazardous but national problems that undo the causes of the people and made them subjected to inordinate sufferings including death and destruction of properties, annihilation of their homestead. Specially in communal riots or in wars or in political turmoil suffering people, irrespective of any of their communal sentiments or traits, got hardly any say in the court of law or rule of law where judiciary often ceased to function, where the ruthless communal rioters or war criminals go scot-free except the defeated ones. In this case the judge becomes influenced and biased against the enemies of the victorious criminals. Here the poor victims have to witness the cruelest beast camouflaged under the garb of the human. The echo for the cry of justice of the innocent poor people dies down in the air. The bitterest evidence of it we had. experienced in the partition of India and in the liberation war of Bangladesh.

'The judge who cannot punish crime joins with the culprit in his court.'

We have also been experiencing the ruthlessness of the executives who make the judges seated under their sway and they pose themselves to override justice. Hence the separation of judiciary is a must. We also found democracy without freedom of judiciary is meaningless. But the judiciary must be strengthened with the executive force behind it. That each and everybody, without any distinction, must obey the rule of law. But, in the meantime, the people must be ensured about the honesty, integrity and sense of patriotism from the judges concerned, so that rights and freedom of the people are ensured.

We have been witnessing corruption more or less on different aspects in the form of bribery, nepotism, biasness, etc. from the lower echelon to the higher ones of the judicial administration in the court of law since the British period. After the independence of Bangladesh this should have been reformed for the interest of the independent sovereign people at large. Hence, in all respects, transparency, and accountability (i.e. liability and responsibility) on the part of judicial personnel concerned under the judicial administration must stringently come in the course of dispensation of justice in the court of law.

If any sort of lawlessness pervades the judicial administration under any circumstances the entire nation will remain frustrated. There must be the balanced system of administration between the executive and the judiciary. Because they need to run parallel in the administration of justice and none should be allowed to remain above law of the land. To execute judicial orders concordant executive administration service of police and magistrate is needed as a matter of fact. Hence basically cooperation and coordination between those services are required. Moreover, those who are practicing in the court of law as lawyers must also come forward with honesty and integrity in the sense of patriotism beside their business, to help functioning the independent judiciary and to give succour to the poor and the suffering people of Bangladesh in the court of justice.

The system of establishing Ombudsman is another encouraging matter for the interest of the people. An adage is there, justice delayed is justice denied. And the corruption of the most powerful ones is often spared. The free people have the right to charge the concerned officials for their misdeeds or unlawful acts that should not have any way or loop-hole to be squashed. The people want justice as a matter of right.

The judge must behoove that God seated on the throne of justice Who will not spare him/her if he/she does any wrong in the worldly court of justice. So, eternal vigilance is the price of our liberty. Let all of us pray to God to save us from all chaos and confusion in course of the dispensation of justice.