Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 898 Wed. December 06, 2006  
   
Point-Counterpoint


Justice detained!


We attained independence, brought back democracy and we claim to have made arrangements for ensuring equitable justice. However, we could not enjoy the fruits of independence, democracy and justice to the extent that we could call our society a truly civilized one, as the stated phenomena are still hemmed in by some invisible hands or equations. And our frustration and apprehension were compounded when we learnt of the chief justice's (CJ) recent unprecedented move, and the mayhem thereafter.

The country witnessed an unmatched, dreadful, and violent scene at the Supreme Court on Thursday, and the apex court's sanctity and it's standing as the last repositories of the nation's faith have been grossly undermined in the process. The lawyers who resorted to violence and vandalism are surely not to be excused. The chief justice's stay order, which sparked the violence, was delivered moments before a High Court bench was about to issue ruling after hearing the case for two days, has, according to eminent jurists, no precedent either.

Moreover, some legal experts are of the opinion that it was a violation of the Constitution as well. In this regard, former Chief Justice Mostafa Kamal's observation seems really befitting. According to him, the chief justice reserves the constitutional right to constitute or reconstitute any bench. Theoretically, therefore, the CJ has the power, but how he exercises the authority depends on him, and its nature determines whether he has used the power in a bona-fide or mala- fide manner.

He also said that in his 40-year legal career he had never seen any chief justice exercising his power in this manner. Thus, the questions, very rightly raised by the Daily Star editorial arise: Why did the CJ prevent his two colleagues from carrying out their judicial duties, and why did he intervene minutes before the order was to be issued? Did he intervene to serve justice, or was it to prevent justice from being served?

Regrettably, even the manner in which the CJ's order was carried by the Attorney General (AG) to the HC bench is something new in the history of court proceedings. Reportedly, a special section of the court has been delegated the duty, and those who perform the carrier's duty are called superintendents. The AG has no business here. Painfully, though, this is the last thing one would want to happen to our apex court, particularly after all our institutions have been made controversial.

Arguably, today, the office of the president is fraught with controversy, thanks to Iajuddin Ahmed's continuing allegiance and regular order taking from the BNP. And the current caretaker government is yet to shake off the stigma of controversy with one-third of its tenure gone. The Election Commission (EC) is reeling under partisanship, and more so with the induction of at least one more blatantly BNP-aligned commissioner last week.

Meanwhile, NDI's very recent survey-based revelation of 1 crore 22 lac fake voters in the updated voter's list must have been the last nail in the coffin of the current EC's credibility. Arguably, the bureaucracy is now so embedded with the BNP and Jamaat's own people that removing even the slightest partisan colour of its ranks is a gigantic task. Now, of course, the higher judiciary has been added to the list of institutions of the state that our so-called democratic regimes have successfully tainted.

Admittedly, this was not the first case of perceived indiscretion by our chief justice. Previously, among many other instances, on June 18, 2005, a Division Bench, comprising Justice Shah Abu Nayeem Mominur Rahman and Justice Mainul Islam Chowdhury, of the High Court Division issued a rule calling upon the respondents to show cause as to why the holding of two constitutional posts at the same time by CEC Justice M A Aziz should not be declared to have been done without any lawful authority. Interestingly enough, within an hour of issuance and hearing of rule, the concerned judges' writ jurisdiction was taken away.

Recent developments inside the court and on its premises will no doubt send all the wrong signals to the people of the country. Undeniably, it is the last resort for people to turn to with the hope of receiving justice. Now, the question that arises is, how can the country expect dispassionate dispensation of judgment, and impartial justice in cases of disagreement from the highest of court, if a supreme person like the chief justice tends to bow down to perceived pressure, and the lawyers confront each other in the manner they did.

In fact, all our achievements are now poised to be ruined. Shall I be out of context if I say that all our institutions are also being destroyed, just like systematic annihilation of a nation in a war? However, the people caught up in no man's land are being forced by the rulers and aristocrats to endure a unique happy ride down the drain. While the insatiable greed of our politicians has a major role in this downfall, recent fallacies and frailties of some supposedly key individuals have also turned out to be critical.

Kazi SM Khasrul Alam Quddusi is Asst. Professor, Department of Public Administration, University of Chittagong.