Under a government which imprisons any unjustly, the true place for a just man is also a prison By Gopal Sengupta, Canada Justice Nazrul Islam Chowdhury while speaking at a seminar on last Saturday, rightly observed that many a lawmaker do not go through the texts of the laws before passing them into laws, and said that the legislators needed to seriously discuss the proposed laws, usually drafted by the bureaucrats, in Parliament for the sake of safeguarding the democratic interests of the people. But the state minister for law, Advocate Quamrul Islam, loves to violate rules has been proved on more than one occasion over the past one year. That he also loves to make irresponsible comments on well meaning people genuinely concerned with rule of law and human rights has been proved on Sunday, when he publicly threatened with actions, censure motion included, against Justice Nazrul Islam of the Bangladesh Supreme Court for the latter's observation that the lawmakers need to critically examine a bill before passing it to be a law. The state minister believes that the privileges of the legislators have been affected by the judges public observation. Moreover, the sharp reaction that the state minister came up with against the democratically oriented judge in question is highly contemptible on two distinctive grounds. The minister appears to have distorted the comments of the judge first as the latter did not call the members of parliament illiterate, rather he criticised the carefree legislative process through which the laws are usually made in parliament, without the bills, usually drafted by the bureaucrats, being inadequately examined by the parliament members. Had all our legislators, the elected representatives of the people in other words, been a little more attentive to the law making process, we would like to believe, Jatiya Sangsad would not have made many a law which is undemocratic in essence and therefore fails to uphold the democratic interests of the people. Secondly, he failed to understand that the special privileges granted to the Members of Parliament could hardly be considered affected by the criticism of anyone and that the MPs were not paying adequate attention to the legislative process they are expected to pay in a democratic polity. Prime Minister Sheikh Hasina asked the Law Minister and the State Minister for Law to be cautious about making any remark on judges, Prime Minister wanted to know why they had made negative remarks about Supreme Court judge Justice Nazrul Islam Chowdhury. The ministers tried to defend their act but the prime minister was apparently dissatisfied with their answer, sources said. The progress of a country depends critically on the mindsets and motivation of those who are charged with the responsibility of making the critical decisions in the life of a nation. We must discuss an equally important area of public policy, namely internal security and law and order. Development and security are truly mutually interrelated. We need therefore, to evolve a combined strategy to deal simultaneously with the twin challenges of development and security within the framework of a democratic polity committed to respect for all fundamental human freedoms and committed to upholding the rule of law. Yet, there are challenges that our democracy faces. These challenges arise partly because of the unevenness of our growth processes, the iniquities that remain in our social institutions and the shortcomings sometimes of our political institutions. Often these challenges also arise because we are an open society and have allowed free expression to descent of varying degrees. This is not our weakness. This is our strength. But in this also lies the challenge that we need to deal with and grapple with effectively. A democratic government has to make a distinction between the genuine and legitimate expression of descent and disaffection and the manifestations of anti-national, antisocial and anti-people threats to our democratic way of life. There are today many challenges to internal security: criminal activity, extremism, insurgency, terrorism, communal violence and atrocities against women. Our security forces are duty bound to deal with crime and law and order problems within the framework of clearly explained laws. Insurgency and extremism, on the other hand, have a political dimension that often requires the political management of a security situation. The challenge of terrorism must be faced squarely and resolutely by all shades of political opinion. There can be no political compromise with terror. No inch conceded. No compassion shown. The people of Bangladesh have suffered a great deal at the hands of terrorists. Our Government would resolute in its determination to wipe out this threat to a civilised and democratic way of life. There are no good terrorists and bad terrorists. There is no cause, root or branch, that can ever justify the killing of innocent people. No democratic Government can tolerate the use of violence against innocent people and against the functionaries of a duly established democratic Government. When genuine descent becomes extremism there can be no ambivalence about tackling it, even if it be only symptomatic. I urge, should recognise these different facets of the security threats we face and develop effective policies designed to address them. Our citizens are free to choose the particular brand of politics they wish to follow, they have the freedom to take recourse to collective action to achieve the social, political or economic changes that they desire, but no one is either permitted or expected to resort to violence to achieve these ends or to try and prevent elected functionaries from doing what they are supposed to do. This should be made amply clear in our policy announcements. Talks and negotiations should always be welcomed. I have repeatedly stressed that we are ready to talk to any group that abjures violence In spite of massive protest locally and internationally, the government of Bangladesh has not taken any significant steps to stop the extrajudicial killings. Either the government is unwilling or it is not capable of stopping such killings. It is time to resist this massive violation of peoples right to life, which now takes place, as it seems, with the government's direct or tacit consent. We urge everyone to take part in active protests to stop these killings and to return to the democratic way of life, as envisaged in the constitution of the Republic. Currently, the country's constitution as well as the international obligations that Bangladesh has agreed to remain flouted by such killings. To prevent further killings of activists and human rights defenders and to avert a new social crisis in the country, the government must take immediate action regarding these matters. First, and most obviously, full investigations and judicial inquiries must follow without delay, with a view to holding the perpetrators fully accountable for their crimes and making clear that this pattern of killings will not be allowed to continue. Secondly, witness protection must be given to all persons who have witnessed the crimes. Thirdly, the Commission on Human Rights of Bangladesh must play an active role by co-ordinating its work with the National Bureau of Investigation, rather than waiting for other agencies to take the initiative, and by considering recommendations to indemnify the families of the dead. The ministers would therefore be well advised to concentrate on observing rules and laws properly while discharging his ministerial responsibility, rather then publicly abusing democratically oriented people upholding the principles of rule of law and human rights. Some people question whether Bangladesh will ever be able to attain its true potential. I have no doubt about this. We are rapidly moving forward. We have faith in ourselves. We have political stability. Our democracy is an example for the developing world. We are gaining in economic, social and judicial strengths. And most importantly, we have full confidence in our judges. They are our future. I am sure that they will take our country to a new glory. Let us all commit ourselves today to working for a golden future. Let us resolve that nation building will be our highest duty. Fear is not the natural state of civilized people. Under a government which imprisons any unjustly, the true place for a just man is also a prison. ---------------- (Gopal Sengupta is a freelance writer and a student of McGill University, Montreal, Canada. The writer can be reached at gopal.sengupta@mail.mcgill.ca |
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