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Prisoners' plight
Conditions
of the prisons and prisoners are well known to all concerned citizens
of the country. Currently there are about 71000 prisoners in all the 65
jails of the country where with the capacity of nearly 25000. Keeping
this figure in mind one can easily guess in what condition the inmates
are living in the jails. Almost two third of the inmates are undertrial
prisoners. There are many who are languishing for years without trial.
To better plight of the prisoners several commissions were set up and
they accordingly made their recommendations. Some of these recommendation
has been implemented but the major and important recommendations are still
awaits implementation. As a result sufferings of the prisoner continue.
They are denied basic human right guaranteed by the Constitution. Will
it continue for years? I think to reduce sufferings and to improve living
condition of the prisons, we first need a solution of the 'overcrowding
problem' either by establishing new jails or reducing the number of 'jail
worthy people. The court must apply its judicial mind before sending one
to jail. A huge amount of money is being allocated from the state exchequer
for the prison and prisoner. But what is the outcome? Is it helping to
reduce criminality? Do the person benefit in any way while they are in
prison. They are languishing in the jails for years without any positive
and productive activity. As a result many of them after release again
get involved in criminal activities. If we can train them with different
income generating programme, they will find a fair way of income after
their release. This may contribute to reduce criminality in the society
and corruption inside the jails. We may also think alternative to the
prison system such as parole, probation etc.
Hasib,
Motejheel, Dhaka.
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* * * *
Govt.
should comply with the HC order
The High Court
Division's judgement on section 54 and 167 of the Code of Criminal Procedure
is one of the milestones of the country's legal history. Almost all the
laws now in force in Bangladesh were enacted by the British colonial rulers.
Even after the independence, we have hardly changed any provision of these
laws. Of them, section 54 of the CrPC was considered as a draconian law.
This law provided the police with almost unlimited power to arrest anyone
without any order of a magistrate. For that reason police abused and misused
this law for a long time. All section of the society including the political
parties constantly demanded repeal or amendment of the law, except the
party in power. Using the term 'reasonable suspicion' police arrest innocent
people and extort money from them and the government used it as a tool
of oppress and suppress their political opponent. In fact there are misconceived
ideas among the police regarding the power given to them under this section.
In this backdrop, the High Court Division in its landmark verdict, declared
the two sections (54 & 167) inconsistent with the Constitution. And
it recommended for amendment of the sections. It also directed the government
to implement the amendments recommended by it within six months of the
date of judgement. It further asked the government to adhere to the 15
point directives till the necessary amendments. All quarter of the society
welcome this judgement, as it will contribute to protect the citizens
from the harassment and arbitrary arrest of police. Even the Attorney
General in his reaction after the judgement said that the government would
not appeal against the HC verdict. But eventually we see the government
has filed a petition of appeal before the Appellate Division of the Supreme
Court challenging the judgement. The Appellate division did not stay operation
of the judgment, which means it is mandatory for the government to follow
the directives. But there is no indication from the government to comply
with the judgement. Instead, arrest under section 54 is going on as usual.
And the magistrates are allowing remand of the arrested persons to police
custody in violation of the judgement This is not expected of a government
who claims to be democratic and committed to protect citizens' rights.
By this conduct the government itself setting president and encouraging
other to violate orders of the higher courts of the country.
A. Kabir,
Pallabi, Mirpur, Dhaka.
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