While the press and others decry the actions of the rural shalish, nothing is being done to give voice to the victims of the urban shalish.
I refer here to the 'committees' formed in the new apartment buildings: give a person a gram of power, and they will exert a kilogram of force. They will usurp the legislative as well as the judicial function of the republic of Bangladesh, just like the rural shalish.
I refer to an ongoing battle of wills between a harmless provider of education to ten-to-eleven-year-old tykes in an apartment in Dhanmandi. It is a time-honoured practice to provide education to children. The poor man has neither used a signboard nor ever used the address of his residence for advertisement purposes. Needless to add, he and his wife do nothing illegal or immoral: they have been peacefully, and with the tacit consent of the community, been carrying on this activity for eight years.
It is to be observed that almost every other building in Dhanmandi has a transponder on its roof: a contract is signed between the all-powerful committee and the phone company and the commercial activity goes on unnoticed. Teaching (and health-care) are not commercial activities: neither a student nor a teacher is 'customer'. The entire ethics and economics of the sectors are different.
The omnipotent committee have, after eight years, suddenly decided that this harmless gentleman, who abides by all the rules, must leave the building, or refrain from the legitimate pursuit of earning his livelihood: this is a contravention of his fundamental rights as a citizen of Bangladesh - the rights to domicile and earning a legal livelihood.
Yet, alas, no NGO will come to his aid: they are focused on the villages. But I prophecy that the day will come when these committees will have to be dragged before the courts and forced to abide by the laws and the constitution of Bangladesh.
These committees will be poking their nose into whether you are married or not or merely 'cohabiting', whether you drink on the premisses, who your girlfriends are, whether you are mentally ill, and so on into your most intimate life.
John Stuart Mill observed that the tyranny of public opinion is as much tyrannical as the tyranny of a despot, and John Locke maintained that it matters little to the individual if he is tyrannized by a king or by the majority. I urge my compatriots to resist this new tyranny that threatens to stifle our liberty as surely as any action by any despotic power.
Showing posts with label judiciary. Show all posts
Showing posts with label judiciary. Show all posts
Sunday, October 9, 2011
Friday, November 27, 2009
The seven sages, and Caesar's wife
Seven High Court judges refused to hear the lower court's verdict in the Sheikh Mujib killing case. They were intimidated by Sheikh Hasina's followers, with ministers taking to the streets with sticks.
The names of these High Court judges should be engraved in gold – not golden – letters in the premises of the High Court. The reason they were embarrassed was obvious to any student of law: they did not wish the judiciary to be involved in a moral, not a legal, issue, and thereby become politicized, and a branch of the executive.
The other day, I attended a dinner party where the host was in agreement with the Supreme Court affirmation of the earlier High Court ruling of guilty.
However, what was truly interesting was his view of the judiciary: "This government would never have allowed the convicts to be acquitted". That is to say, the judiciary was simply carrying out the wishes of the executive.
This view of the judiciary will be permanent: no one will ever again believe that the judiciary is independent.
The late Justice B.B.Roy Chowdhury told me that General Ershad had never interfered with the judiciary: he was highly critical of the fact, indeed furious, that Chief Justice Shahabuddin had become president after Ershad resigned, thereby violating the constitution.
Now, no judge can ever claim that the executive does not influence (to use a mild expression) the judiciary. Caesar's wife has lost her credibility. She will always be suspect.
The names of these High Court judges should be engraved in gold – not golden – letters in the premises of the High Court. The reason they were embarrassed was obvious to any student of law: they did not wish the judiciary to be involved in a moral, not a legal, issue, and thereby become politicized, and a branch of the executive.
The other day, I attended a dinner party where the host was in agreement with the Supreme Court affirmation of the earlier High Court ruling of guilty.
However, what was truly interesting was his view of the judiciary: "This government would never have allowed the convicts to be acquitted". That is to say, the judiciary was simply carrying out the wishes of the executive.
This view of the judiciary will be permanent: no one will ever again believe that the judiciary is independent.
The late Justice B.B.Roy Chowdhury told me that General Ershad had never interfered with the judiciary: he was highly critical of the fact, indeed furious, that Chief Justice Shahabuddin had become president after Ershad resigned, thereby violating the constitution.
Now, no judge can ever claim that the executive does not influence (to use a mild expression) the judiciary. Caesar's wife has lost her credibility. She will always be suspect.
Saturday, August 23, 2008
Justice B. B. Roy Chowdhury on the events of December 6, 1990, and more....
The late Justice Bimolendu Bikash Roy Choudhury was one of the finest and most upright gentlemen it has been my pleasure to know. His respect for the constitution was such that he was furious with the events of December 6, 1990 – years after they were over – for he realised the long-term consequences of the fateful day.
December 6, 1990. President General H.M.Ershad resigns and hands over to the Chief Justice. Chief Justice Shahabuddin, rather than the then vice-president (as was demanded by the constitution), becomes acting president. The former vice-president belonged to General Ershad’s party, and, to have him excluded, the constitution was gleefully raped by lawyers, intellectuals, donors – and the Chief Justice. After elections, the chief guardian of the constitution had the constitution amended – by the 11th and 12th amendments [*] – by Parliament to legalise this act of illegality! And we had been taught to believe that the doctoring of constitutions was the prerogative only of military dictators!
The chief guardian of the constitution had become its chief violator, and, henceforward, none in this nation can ever believe that, in the face of sufficient international and domestic pressure, the highest court of the land, the only independent institution of the country, will never cave in.
Justice Chowdhury had great respect for General Ershad. He told me that the General had never tried to influence the judiciary. This was in stark contrast to the – democratically elected – Awami League, whose ministers took tot he street with sticks when the learned judges declared themselves too embarrassed to hear the appeal against the killers of Sheikh Mujibur Rahman. A lower court had found the men guilty and has decreed that they be executed by "firing squad" – which is not allowed in Bangladesh, as the judge well knew – and, if that were not possible, by hanging. One can imagine the pressure that had been brought to bear on the magistrate, or his enthusiasm for the ruling party and its leader and prime minister at the time, Sheikh Hasina, daughter of Sheikh Mujib. One can imagine to what depths of barbarity we had descended when we reflect that our ministers carried sticks – against the judges!
Another interesting fact that Justice Chowdhury imparted to me (a fact that is never mentioned in our papers) was that General Ershad had tried again and again to separate the judiciary and the executive – and had repeatedly been frustrated by the bureaucrats. Our newspapers like to paint General Ershad as a "brutal dictator" – the facts speak otherwise. What kind of a "brutal dictator" tries to separate the executive (which he heads) from the judiciary. It was tantamount to trying to cut off his own legs!
And then in 1996 – after the Awami League shut down the country for several months and the ruling BNP tried to cling to power in a farcical election – some genius had the diabolic foresight to bring the Supreme Court into the democratic process by instituting a system of caretaker government before every poll – the chief caretaker being the last retired judge of the Court!
The Court, as was to be expected, became highly politicised – just like the bureaucracy and the army had been – and finally the western donors had to ask the army to take over on January 11, 2007: we had politicised every institution and faced near-civil war.
[*]
The appointment of, and the administration of oath to the Chief Justice of Bangladesh as Vice-President on the 21st day of Agrahayan, 1397 B.S. [local calendar] corresponding to the 6th day of December, 1990, and the resignation tendered to him by the then President and all powers exercised, all laws and Ordinances made and all orders made, acts and things done, and actions taken, or purported to have been made, done or taken by the said Vice-President acting as President during the period between the 21st day of Agrahayan, 1397 B.S. corresponding to the 6th day of December 1990, and the date of commencement of the Constitution (Eleventh Amendment) Act, 1991 (Act No. XXIV of 1991) (both days inclusive) or till the new President elected under article 48(1) of the Constitution has entered upon his office (whichever is later), are hereby ratified and confirmed and declared to have been validly made, administered, tendered, exercised, done and taken according to law. (The Constitution of The People’s Republic of Bangladesh, Section 21, Fourth Schedule [Article 150])
December 6, 1990. President General H.M.Ershad resigns and hands over to the Chief Justice. Chief Justice Shahabuddin, rather than the then vice-president (as was demanded by the constitution), becomes acting president. The former vice-president belonged to General Ershad’s party, and, to have him excluded, the constitution was gleefully raped by lawyers, intellectuals, donors – and the Chief Justice. After elections, the chief guardian of the constitution had the constitution amended – by the 11th and 12th amendments [*] – by Parliament to legalise this act of illegality! And we had been taught to believe that the doctoring of constitutions was the prerogative only of military dictators!
The chief guardian of the constitution had become its chief violator, and, henceforward, none in this nation can ever believe that, in the face of sufficient international and domestic pressure, the highest court of the land, the only independent institution of the country, will never cave in.
Justice Chowdhury had great respect for General Ershad. He told me that the General had never tried to influence the judiciary. This was in stark contrast to the – democratically elected – Awami League, whose ministers took tot he street with sticks when the learned judges declared themselves too embarrassed to hear the appeal against the killers of Sheikh Mujibur Rahman. A lower court had found the men guilty and has decreed that they be executed by "firing squad" – which is not allowed in Bangladesh, as the judge well knew – and, if that were not possible, by hanging. One can imagine the pressure that had been brought to bear on the magistrate, or his enthusiasm for the ruling party and its leader and prime minister at the time, Sheikh Hasina, daughter of Sheikh Mujib. One can imagine to what depths of barbarity we had descended when we reflect that our ministers carried sticks – against the judges!
Another interesting fact that Justice Chowdhury imparted to me (a fact that is never mentioned in our papers) was that General Ershad had tried again and again to separate the judiciary and the executive – and had repeatedly been frustrated by the bureaucrats. Our newspapers like to paint General Ershad as a "brutal dictator" – the facts speak otherwise. What kind of a "brutal dictator" tries to separate the executive (which he heads) from the judiciary. It was tantamount to trying to cut off his own legs!
And then in 1996 – after the Awami League shut down the country for several months and the ruling BNP tried to cling to power in a farcical election – some genius had the diabolic foresight to bring the Supreme Court into the democratic process by instituting a system of caretaker government before every poll – the chief caretaker being the last retired judge of the Court!
The Court, as was to be expected, became highly politicised – just like the bureaucracy and the army had been – and finally the western donors had to ask the army to take over on January 11, 2007: we had politicised every institution and faced near-civil war.
[*]
The appointment of, and the administration of oath to the Chief Justice of Bangladesh as Vice-President on the 21st day of Agrahayan, 1397 B.S. [local calendar] corresponding to the 6th day of December, 1990, and the resignation tendered to him by the then President and all powers exercised, all laws and Ordinances made and all orders made, acts and things done, and actions taken, or purported to have been made, done or taken by the said Vice-President acting as President during the period between the 21st day of Agrahayan, 1397 B.S. corresponding to the 6th day of December 1990, and the date of commencement of the Constitution (Eleventh Amendment) Act, 1991 (Act No. XXIV of 1991) (both days inclusive) or till the new President elected under article 48(1) of the Constitution has entered upon his office (whichever is later), are hereby ratified and confirmed and declared to have been validly made, administered, tendered, exercised, done and taken according to law. (The Constitution of The People’s Republic of Bangladesh, Section 21, Fourth Schedule [Article 150])
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