| Release on bail should not
affect corruption trials TARIQUE Rahman, senior joint secretary general of the Bangladesh Nationalist Party and son of former prime minister Khaleda Zia, was released on bail Wednesday following days of intense speculation about the timing and manner of his eventual release. We are pleased that Tarique was released through what appears to have been a proper judicial process in that the High Court granted him bail in all the cases that have been lodged against him. Moreover, from the point of view that the release of Tarique on bail will enable him to seek necessary treatment for his ailments, we feel that the release was warranted. We have repeatedly argued over the course of the last year and a half that those arrested in normally bailable cases ought to be allowed to seek bail from the courts and that the courts should be allowed to give independent judgement on the bail applications. Denying detainees the right to apply for bail, which this military-controlled government has attempted to do through the promulgation of the Emergency Powers Rules, is not only unnecessary in our view but a direct affront to the separation of powers and the rule of law.
What we feel was unwarranted, however, were the scenes of jubilation and euphoria among a section of political leaders and activists at the release of the BNP leader, mirroring the euphoric celebrations that followed the release of the Awami League president, Sheikh Hasina, some months ago. While we understand that party leaders and workers of both the BNP and the Awami League have valid grievances against this regime, particularly with regard to the treatment of their senior leaders, many of whom have allegedly been harassed and even tortured in custody, they must remember that the leaders at whose release they now celebrate have been indicted and are awaiting trial in serious cases of corruption and abuse of power. Therefore, it is only right that these political leaders be tried for their alleged crimes by competent courts of law in a transparent manner. Any attempt by the parties to use their political muscle to have these leaders unconditionally released after being indicted is neither desirable nor endorsable. Whatever the grievances and however justified, the major political parties will do a great disservice to this country and its people if they use their political power in such a way as to spare their leaders from being tried by competent courts, which is exactly what they appear to be trying to do.
At the same time, this regime must understand that the right to seek, and thereby be granted, bail in normally bailable cases should be afforded to all yet-to-be-convicted detainees equally and not just to the top leaders and their family members. This is all the more so for detainees who are suffering from different ailments and require better treatment than that they are afforded by the jail authorities. Hence, we urge this regime to allow all prisoners indicted in normally bailable cases to seek and be granted bail without the regime putting arbitrary obstacles in their way. | Editorial Release of Tarique Rahman on bail Let the rule of law not be blighted
TARIQUE Rahman's situation has been hogging media attention for some days now. In the beginning it was his health and subsequently it was the issue of his bail that became the subject of intense speculation. There was a judicial ruling for his release on bail for purposes of treatment abroad. For whatever it is worth, the fact remains that Tarique Rahman has been a man shrouded in controversy ever since he joined politics. His behind the scenes role in the last government led by his mother and his not so behind the scenes role through Hawa Bhaban earned him unhealthy notoriety over the past few years.
As one of the key figures of the last regime, his arrest came as no surprise to the nation. His name became associated with corruption, especially along with that of some of his cronies. With his release on bail yesterday, an unhappy chapter of his life -- that of being in prison -- comes to a respite for the moment. His cases remain and will naturally, so goes the public expectation, follow the course of the law. The fact of the matter is that Tarique Rahman was in custody for a long period of eighteen months. There can be little question that such a length of time is good enough for investigations of any worth to be launched and concluded in substantive fashion. By that measure or standard, all the investigations into the cases as well as a prosecution of the cases against Tarique Rahman should have ended on their own merit by now.
There are speculations as to his immediate plans. It is rumoured that he will go abroad for treatment and stay away from the country for a while. It is widely rumoured that some behind the scenes maneuvering may have gone into Tarique Rahman's release. What the alleged deal has been is something we do not know. We do realise, though, that such maneouvres can blight the credibility of the legal process and there will be others all too ready and willing to take advantage of such a course. We firmly believe, though, that such things will not come to pass. In the interest of rule of law and the future of democracy, it will remain the hope of the nation that the line between politics and due process of law will not be blurred.
There are those who feel that the much publicised anti-corruption drive of the government is losing ground. We fervently hope not. We continue to hold the belief that a dispensation of justice and a return to democratic governance will soon turn into tangible realities for this nation. | | |