After due hearing, the Special Division bench of the High Court directed the government to submit a report within three weeks detailing the names and particulars of the thousands of persons arrested under Section 86 of the Dhaka Metropolitan Police (DMP) Act and the steps taken for their release. The Court also asked the government to show cause as to why this Section should not be declared to be without lawful authority and of not having legal effect being ultra vires of the constitution.

There are two important elements in this scenario. Firstly, civil society was sufficiently provoked to file such a writ, and also secondly, the learned Court thought it fit to issue such a directive on the government.

The relevant officials of the government have tried to justify such inappropriate, arbitrary detention through alleged 'conspiracy' theories. This controversial, much abused reason, has created further debate. In fact, it has done little to allay the fears of the common people on the street. Innocent civilians have found themselves in the crossfire of politics and have suffered unnecessarily. The government may try to explain away their action in various ways, but it will be difficult to paper over the sad spectacle of hundreds of parents and relatives seeking information about their missing kin in various police stations and in front of the Central Jail. We have a serious image problem abroad and this sort of publicity so soon after the article in the 'Time' magazine will not help the country's cause.

We always hear our politicians delivering sermons on how our diplomatic missions abroad should function and attract foreign direct investment through economic diplomacy. These platitudes need to be examined against the backdrop of such police action and the charges of graft that accompanied such arbitrary detention. The seriousness of the situation led even a normally pro-establishment paper to note in its editorial of 28 April that 'the very act of the police lying in wait at bus terminals, only to pounce upon commuters entering the city from various parts of the country, speaks of methods of operation that can only be likened to the way feudal societies worked in medieval times.' The only silver lining was that there was no deaths. Thank God for small mercies. That might have been the final straw on the camels back. At least this bit of over-kill was avoided. I hope the readers permit me this pun.

Pictures speak a thousand words. Evening bulletins, in their quest for truth, also faithfully telecast the deteriorating situation all over the world. I am sure that such pictures of unrest drove many potential investors away. What can our diplomatic representatives do abroad when their efforts are undermined through scenes of such gross abuse of fundamental rights.

Democracy is a difficult art. It requires patience, wisdom and tolerance. Mere slogans and speeches do not encourage democracy or foster democratic institution building. Dissent has to be permitted for democracy to function. Constructive criticism will have to be allowed alongwith analysis and censure, if so necessary.

The people of this country have suffered from various causes for many years. Poverty, corruption and lack of law and order have over time exacerbated the malaise. Failure of democratic institutions, controversial and questionable constitutional amendments should not drag the nation down further.

It is not gratifying to read in the morning paper that the Committee to Protect Journalists, based in New York has tagged Bangladesh as the world's fifth worst place to be a journalist. They have also mentioned that 'crime, corruption and lawlessness makes Bangladesh the most violent country for journalists in Asia.'

We have also seen earlier this month the critical observations of Mr Toru Shibuichi, Country Director of the Asian Development Bank with regard to corruption, inefficiency and poor infrastructure. His report categorically stated that these negative factors are hindering Bangladesh from achieving a much higher economic growth in keeping with its potential. Similar sentiments were also expressed in the Bangladesh Development Forum where donors drew attention to the prevailing corruption in Bangladesh and the absence of law and order.

It is satisfying to note however that democracy has been given another chance to function within our parliamentary matrix. We have a significant budget session ahead of us. It is expected to take into account the ramifications of January 2005 and beyond for our textile industry. The future of millions of Bangladeshis are involved. We also have the implications of post-Cancun multilateral negotiations. This scenario is filled with complex variables.

We should view Awami League's positive decision to participate in the forthcoming Budget Session in the Jatiyo Sangshad from this perspective. They could have taken that extra step and decided to either resign or continue to be absent till rules of procedure took effect. They have no done so. They have been responsible and mature in their decision. Sheikh Hasina's observation about Awami League's presence is however pertinent. She has mentioned that the MPs from her Party will "try to speak in t he House, but would come out again if not allowed to do so."

One can only hope that the Administration and the Speaker of the Parliament will ensure that every Member has an opportunity to express his or her views. If such a step can consolidate democracy, then let us do it.

Our political leadership probably needs to learn that co-operation is essential for inter-party relations. There is wisdom in negotiating across fault-lines that are created because of any crisis.

It does not help if one side asks the other to apologise to the nation. It must not be forgotten that many of the allegation levelled against the government continues to exist. The causes for such charges need to be identified instead of these being thrown out of the window as being politically motivated.

The Government has to understand that the only way to make democracy function is to be less partisan in its approach. Every single MP, whatever his political party, has to be acknowledged as being the true elected representatives of his constituency. It is not a game where the winner takes all. Democracy is participatory management juxtaposed with accountability and transparency.

It is true that we have a competitive political environment. There are however certain rules of engagement and they should be respected. What we need is a positive approach. What is required is rapprochement.

The best way forward for all of us is to have a fair, independent Anti-Corruption Commission, a National Human Rights Commission and a responsible Ombudsman. These are essential factors within the democratic equation. We still do not have these institutions. As long as we do not have these in place, we cannot consolidate democracy.

One good step might be to ask the Opposition to suggest some names or nominate a few who could be Members of the Anti-Corruption Commission or be the Ombudsman. There is also the National Human Rights Commission. This is not naivete. I am suggesting such steps with all seriousness. Let the Opposition feel that they count in the body-politic of the nation. We need to be bi-partisan in our approach. There is no harm in this. There has to be breadth of vision. The government also needs to be more tolerant about peaceful protests. They also have to respect the basic rights of freedom of thought, association and speech.

Democracy pre-supposes fairness. It also postulates that we can agree to disagree. Healthy politics requires prudence. Democracy alone is the foundation on which we can expect to build the edifice of good governance. Responsible governance is the only means by which we can break out of the vicious cycle of criminalisation of politics and also assure for ourselves our individual freedoms and economic opportunities.

Every country in the world has its own agenda. In this age of competition, there is every likelihood that we will be left behind, unless we get our act together.

Muhammad Zamir is a former Secretary and Ambassador.