Is the law only for the powerful?

"An earthquake achieves what the law promises but does not in practice maintain — the equality of all men."
– Ignazio Silone
Equal protection of the law is a right of every citizen, a right enshrined in our Constitution. But nowhere is that right more defiled than in this country. Not only are the provisions not applied equitably but the system is used to intimidate and punish the powerless and the poor. Both power and money are used to evade justice and smoothen the rigours of any punishment, or the environment a rich person under trial finds himself in. And the ones complicit in upending the law are those that are entrusted to uphold the law.
Crossing swords with the powerful and mighty is never a good idea in our country, even if one is on the right and on sound legal grounds, for even if one is on sound legal grounds the system is so corrupted that it will weigh in with the powerful and the mighty.
How does one explain the tribulation of a father who is facing persecution simply because he is seeking justice for the murder of his son? The alleged murderer belongs to the most powerful family of the area, if not the country, and for whose family even the most politically powerful in the country root in the Parliament.
The unfortunate father is Rafiur Rabbi of Narayanganj, whose son Tanwir Taqi was abducted and killed on March 6, 2013. As per reports in the press, in June that year, Rab-11 arrested some "aides" linked to that family and raided the Naraynganj office of one of its members in August 2013, and found evidence of torture there. Later in March 2014, Rab's additional inspector general at that time told the media that they found his involvement and of his 11 associates in Taqi's murder. But between March 6, 2013 and now, more than four years later, the police have not yet produced the charge sheet.
Here is a case where the grieving father instead of getting justice is facing legal process for a "cheque bounce" case. Is it a coincidence that the complainant in this case happens to be very closely related to the scions of the most powerful clan of Narayanganj? And the fact that the cheque bounce case was litigated in 2016, four years after the cheque was bounced, raises some eyebrows too.
While Taqi's father was going through these tribulations the alleged suspected murderer of his son managed to leave the country and be safely ensconced in another country. Apparently, he has the benefits that accrue from power and money, and power has devolved on him being the son and nephew of powerful men.
And then there is the case of Shyamal Kanti Bhakta, headmaster of a high school in Narayanganj, who just secured bail after being jailed for allegedly taking bribe from a teacher at the school. The whole country has seen the humiliation he had to face last year perpetrated by another famous member of the same clan. While the bribery case against him will be decided by the court, that both the aforementioned cases are associated with the members of the most powerful clan in the city may be more than a mere coincidence. And it only proves Stalin's chief of secret police Lavrentiy Beria's infamous statement, "Show me the man and I'll show you the crime."
And Tonu's murder may never be solved, and Sagar-Runi's killer will have the last laugh, not because the cases were unsolvable but because of other factors.
And if you have money you can get away with rape too as apparent from the attempt of a rich businessman's son who almost managed to hide a most vile criminal offence as rape with his father's money, in which the hotel he and his accomplices used for their vile acts is also complicit, it too being illegal. The police, according to the victims, were initially hesitant to even take the case. And the first time they went to file a case the police had refused to accept the case as two of the accused were from highly influential families.
And then some rich and well-connected prisoners have the uncanny knack of developing certain ailments that are not apparent to the naked eye like neck pain, back pain and chest pain for medical attention. And the active help of the jailors and the physicians allows them to spend month after month in air-conditioned hospital rooms instead of prison cells having their 'ailments' treated, all because they have money and influence. And were it not for the press some of them might have spent a cushy time throughout the entire period of their sentence, in the hospital.
We long for the system that would achieve what the law promises – the equality of all men.
The writer is Associate Editor, The Daily Star.
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