<%-- Page Title--%> Law Letter <%-- End Page Title--%>

November 8, 2003 

Death in Custody: Will it continue?

Rule of law is an essential precondition for any civilized and democratic country. We the Bangladeshi people claim our selves to be citizen of a civilized nation. Is it true? I don't think so. Because, to me, there cannot be any offense worst than death in custody in any country in any time. Over the last few days we have witnessed at least three allegation of custodial death. Whenever a person dies in custody, police tries portative the person as drug addicted ( as if the drug addicted persons has no right to justice). I don't know whether any police official has been punished for custodial death or not. After every death in custody, the concern than authority claimed themselves to be innocent and strangely, the high police authority also support them. And for this reason we are developing an environment of impunity. I cannot understand why the high police authority help the offenders? I think, we have to workout some mechanism to stop the custodial deaths. If any custodial death occurs in any thana, the officer in charge should be held liable for that Departmental punishment (which is transfer from one thana to another) is not enough. There should be some punitive action against the offenders to deter the other form doing the wrong.

Jahangir Alam,
Pharmacist, Aristopharma, Dhaka.

*****

Let us be more attentive to juveniles

Juveniles are the eite-vein of the society. They are the pillars of progressive nation and the 'crystallised energy stored reservoirs' of the country. They are the builders of future nation and the symbolic representatives of the nation's behavioural system, social values, societal cohesieness so on and so forth. But what is the condition of our juvenile justice system and how the juveniles are (who unfortunately come in contact with the law) treated can be seen, when such reports like 'From fun ride to confines' is published in the news paper [The Daily star-Octo-24].

On August 13 last year, Monia along with a friend boarded a Dhaka-bound train on a fun ride. At the end of the trip, she was sitting at Kamalapur railway station, undecided about her next course. But the officials of the narcotics department detained her for alleged drug trafficking. They were produced before the court of Chief Metropolitan Magistrate, Dhaka, showing aged about 22 years. The court sent her to jail custody. When it was found that she was a juvenile, the jail authorities sent her to juvenile correction centre at Tongi.

Let's take a glance what should be done according to the Children Act, 1974. According to sub-section-2 of sec-13 where a child under the age of 16 years is arrested, the officer in charge of the police station to which he is brought shall forth with inform the parents or guardian of such arrest and shall also cause him to be directed to attend the court before which the child will appear. Sec-50 provides that immediately after the arrest of a child, it shall be the duty of the police officer or any other person effecting the arrest to inform the probation officer of such arrest in order to enable him to proceed forth with in obtaining information relating material circumstances likely to affect the case.

The ends of juvenile justice system in not penalise the juveniles and give them a label of delinquents. Any confinement in a place of safety or correction centre creates guilty feelings among the juveniles and stigmatises themselves before the society, which place a hindrance for their rectification. So no following the stereotype tradition of sending them to any corrective centre, we have to set free them in society on the condition of good behaviour.

Khan Mohammad Ilias Sadik,
LL.B (Hons) 3 rd year, Dhaka University.

*****

Awaiting investigation

Supreme Court (comprising the Appellate division and the High Court Division) is the highest court of Bangladesh. According to Art 94(4) of our Constitution the Chief Justice and other judges shall be independent in the exercising their judicial functions. They are the real protectors of the rights of thecitizens. But when allegation arises that a judge has taken bribe of 50,000 taka from a client where the dignity of the highest court will go? It is not only the shame for the Supreme Court but also for the nation. We appreciate our President and Prime Minister's action. If the guilt of Syed Shahidur Rahman (the accused judge) is proved, we wish that court will give him severe punishment. People are waiting for that day when he will have to face the court. On that day it will be proved that no people are above law.

Sheikh Muzahid Ul Islam,
Department of Law, Dhaka University.