Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 131 Mon. October 04, 2004  
   
Editorial


Perspectives
Subversion of justice


NO discerning observers would miss a subtle pattern in the political victimisation -- so far as it relates to Awami League leadership, which led the country to independence and metamorphosed the course of history of its people in a fundamental way. In the process it could not but clash with the vested interests which was dislodged from their entrenched position. An invisible war that ensued between the two in post-liberation Bangladesh an ire of the defeated force of 1971 fell squarely on the AL and its leadership-vapid by then -- remained vulnerable in the former's line of fire.

The first full blast of that ire and the opening shot of the line of fire could be heard on 15 August 1975 when the nation's founding father fell to the assassin's bullets. With near precision the marauders mowed down the slain president's entire family, narrowly missing two of his daughters. The victims were dispensed with no justice, which was rather blocked by a grotesque indemnity ordinance. When the roadblock to trial was later removed, justice is now moved in a judicial tangle which is apparently

not likely of unravel any time soon. It is felt in hindsight that, had the perpetrators of 15 August been brought to book, there wouldn't have been the ghastly killings of the four stalwarts of the liberation war and the closest colleagues of the Sheikh Mujib.

With the surgical operation of 15 August the schemers -- whosoever they were -- expected that the shock and awe of the gruesome killings at Dhanmondi's Road No 32 would simply cover the rest of the AL leadership who would fall in line with the conspirators. Their expectation was partially fulfilled with the bulk of the AL leadership capitulating, but the four stood defiant only to be brutally killed in their prison cells of Dhaka central jail. Again the perpetrators of the crime went scot-free in new dispensation and no justice is dispensed till date.

This perhaps emboldened the perpetrators of the crime on 21 August who acted without any fear to deter them. And if the pattern above is any guide, the gory chapter of the country's political history is

yet to be closed. If justice can be subverted continually there is no deterrent left to tame or restrain the criminals who will be tempted to take chances. When justice flounders with or even delayed, it is, in the parlance of judiciary, denial of justice.

Denial of justice has already taken its tremendous toll. With nothing to deter the criminals, who had their field day, it bred crimes

beyond any proportion with total impunity. Combined with the authority's inefficiency, inability and callousness, the prevailing injustices have given a further boost to revenge or ransom killings. As Ahsanullah Master or Monjurul Imams are killed in broad daylight and Jamal Chowdhurys are kid-

napped from crowded market area even no clue could as yet be found by the authority for public consumption. The whole polity and society are left in the hand of hardened goons and criminal.

The worst is however yet to come: a divine scourge for denying justice by its custodians. It is bound to descend on us for the Creator Himself is always on the side of the one who is wronged and denied justice.

Remember the story of the Mongol traders who were denied justice by none other than the Caliph of Baghdad? The helpless Mongols simply lodged complaint with the Caliph of the Caliphs. What it resulted in was the ignominious fall of Baghdad in 1258.

One may be intoxicated with the power to be arrogant to justify all of his or her actions. An establishment has always that choice. When a government spokesman makes such justification from his pupil taking the whole lot of public as a bunch of morons there are some in the crowd able to read the tale-tell evidences of myriad injustices sweeping the polity. If not now, there can be a terrible backlash of that at some point of time and a period of nemesis will ensue to the misfortune of all of us. No amount of sophistry and wearing of a look of innocence can absolve the authority of its sacred responsibility of dispensing justice.

The British taught the rule of law and we developed an enviable tradition of pursuing it even during the colonial period. They left us an elaborate judicial system to work on. But an aberration in this regard took place surreptitiously, with the growing travesty of democratic rule and the criminalisation politics. The country will continue to be shorn of justice and fairness unless we can build up a united front against the observation. Or else the scores of dissatisfied souls denied justice will be haunting us forever. And we shall only collect the curses of countless such souls.

Brig ( retd) Hafiz is former DG of BIISS.