Convicting, sentencing and then releasing on mercy is not the proper way to settle the matter. Why must the teachers live with the stigma of conviction? The grounds on which the teachers have been arrested and convicted, or are undergoing trial, are unfortunate. This is good neither for the nation, nor for the government. The most dignified, correct and bold steps for the government now would be to drop the charges and withdraw the cases against the teachers, writes Dr M Shah Alam
Conviction and sentencing of four Rajshahi University teachers to two years' rigorous imprisonment, and now released by presidential mercy, for the violation of emergency power rules, a rare if not singular event in the history of Bangladesh, stunned the nation. It is no doubt a welcome development that the sentenced teachers have now been released. But many questions remain unanswered. Dhaka University teachers are still undergoing trial. The procedure how they can be released is now becoming somewhat clumsy.
Earlier, the nation was startled when many students and teachers were taken to custody after the incidents of 21-22 August. The nation had further undergone agony and frustration when the teachers were taken on remand, refused bail and suffered in-custody ordeals for more than three months. The people hoped that ultimately the matter would be settled, and the teachers' position restored. However, the process for that to happen is proving arduous, tortuous and torturous.
What did the teachers actually do? What was the form of violation of emergency power rules? It was, as everybody knows by now, peaceful protests and demonstrations against students' repression by the law enforcing agencies, with a call for early lifting of emergency to restore democratic rights to speech, assembly and movement. It may be recalled that the incidents which later led to unfortunate happenings of August 21 and 22 were primarily inspired by the members of the law enforcing agencies, for which the government expressed sincere regrets with a tone of apology.
Formally and technically, the teachers may have broken the emergency power rules, but have we ever thought of the long-term impact of the conviction and sentencing of the teachers for actively expressing their opinion? I wonder whether even the policy makers ever thought or wanted that the teachers be punished with such severity for presumed threat to their authority which no longer existed. Are they now reflecting in any way that the conviction of the teachers for merely staging peaceful protest would undermine their moral authority? What purpose of the government or of the people would be served by this harsh treatment?
I as a member of the teaching community do not want to claim that the teachers are the conscience keepers of the country, as it is sometimes suggested, although in principle, they should be the conscience keepers. Still, the teachers are a specially revered class of professionals, particularly in our part of the world. We may ourselves be responsible for causing some damage to our image.
However, our historical role in responding to crisis situations and to nation-building may not be undermined. Since the colonial period, there are many instances when the teachers especially university teachers risked their peaceful academic life by participating in movements to uphold people's rights. Activities and actions for which the four teachers were sentenced and some others are undergoing trial would historically fall within the category of those feats for which we remember many teachers with honour and pride.
Caretaker government still enjoys considerable support amongst the people. It is absolutely not necessary to demonstrate any show of power by harshly dealing with the teachers.
When a considerable number of university teachers, amongst them the president and general secretary of the teachers' association of our pioneer Dhaka University, are in custody awaiting trial or have already been convicted, this definitely is a big national issue. The government claiming unlimited power can do or undo what they think right, but does it require any serious analysis to see its demoralising impact on the nation? Can the government itself escape the demoralising effect either?
High sounding phrases like 'law will take its own course' or 'nobody is above law' are of course true and ideal principles which we must adore and uphold. It is also equally true that law has no mind or heart, hands or feet. It does not move or act by itself. It is the man/woman behind the law, as it is the man behind the gun that matters.
I have been working as a university law teacher for the last twenty-five years. I find many of my former students performing very responsible work both at the bar and the bench.
I have high regards for the judiciary. I have always told and tell it now that mechanical and formal approach to and interpretation of law may often fail to provide justice. Law ought to be interpreted keeping justice in mind, which is the ultimate goal of law.
I fully agree with Dr. Shahdeen Malik, an eminent columnist, teacher and advocate, who wrote on December 6 in the post-editorial column of the Bengali daily Prothom Alo that in convicting four Rajshahi University teachers, justice has not been done.
When the social and national impacts of any judgment are more likely to be felt, rational interpretation of law i.e. the spirit of law rather than the letter of law becomes more important.
It would be more unfortunate, if there would be reasons to think that the judgment of the court is not being able to be free from general attitude of the executive to deal with iron hand breach of discipline of any sort. Already questions about the independence of both the lower and the higher judiciary are being asked.
I personally know some of the senior teachers as my former colleagues at the Rajshahi University, who have been convicted or acquitted.
I know them to be academically very sound and professionally very dedicated, most of them earning good name as teachers. Two very brilliant senior teachers have been acquitted earlier, and now two more teachers have been acquitted in another case. But then, what about the ordeals they had undergone up to the time they were found innocent?
We sincerely believe the caretaker government would find a dignified way out of the sad development that has grown to implicate the university teachers. We are concerned for our accused and convicted colleagues. But we are more concerned for the undesirable precedent that would be created by convicting the teachers for speaking their mind and demonstrating to protest, not by any colonial or occupying power, but by our own government, whose success we are interested in and sincerely pray for.
Convicting, sentencing and then releasing on mercy is not the proper way to settle the matter. Why must the teachers live with the stigma of conviction? The grounds on which the teachers have been arrested and convicted, or are undergoing trial, are unfortunate. This is good neither for the nation, nor for the government. The most dignified, correct and bold steps for the government now would be to drop the charges and withdraw the cases against the teachers.
Professor M. Shah Alam teaches law at the University of Chittagong
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