Law & Our Rights

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<%-- Page Title--%> Issue No 121 <%-- End Page Title--%>

December 21, 2003

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None to repeal the draconian law?

The provision for preventive detention in the Constitution (Article 33 (4) has been a stumbling block for the development of constitutionalism in Bangladesh since its incorporation by the 2nd Amendment Act 1973 (Act XXIV of 1973). The provision for preventive detention is not something undemocratic. But this is to be used in the times of emergency or when the internal security of the state is at stake. In other democratic countries including Britain and the USA law authorises preventive detention during the time of war and external aggression. There is no scope for abuse of power in those countries due to strict constitutional safeguards. A person can be detained for an indefinite period in Bangladesh which is quite unimaginable in those countries.

Every government is using this law here as a weapon to crash down the opposition and throttle personal liberty guaranteed by the Constitution. Every year a huge number of political workers and leaders are detained without trial under the Special Powers Act 1974. When in power, President Ershad signed an ordinance to repeal the Act but as it was not gazetted it had no validity. Then BNP came in power and it forgot the pre-election commitment in regard to the repeal of the Act which is full of sinister looking features. And after that the Awami League government gave an avowed commitment to repeal the Act, but after coming to power it changed its tone quite in the opposite direction. The Constitution was one of the best in democratic countries around the world but have been made one of the worst ones by inserting few undemocratic provisions which curtail some fundamental rights of the people. Now many problems are there and preventive detention is one of them.
Md Al-Amin,
Department of Law (2nd Year), Dhaka University.

Faith upon police and Judiciary

There are three bodies in Bangladesh. Executive, legislature and judiciary. People respect our judicial process. But have they proper faith upon it? The answer is no. why this situation has created? If we observe the current situation of Bangladesh we will be able to find out the answer. In Noakhalee, what is happening? People have taken their security in their own hand. They are not only catching the robbers but also killing them. But what is the role of police in this area? This incident is enough to reveal that people have lost their faith upon police department and judicial process. The main reason is corruption. People is suffering when a criminal after arrested by police release on bail and take revenge. In the recent days we have found that the accused of the murder of Moohooree's case has obtained bail. If criminals come back after getting bail who will ensure the security of the people that logged the charge?

As the police department has failed to do so, mass people are taking law in their own hand and take the responsibility of their own security. We can not expect this situation any more.
Shaikh Muzahid-ul Islam,
Department of Law (1st year), Dhaka University.

Alarming land suits

The number of logged land suits has been increasing at an alarming rate that have overburdened our judiciary. Statistics shows that 80% civil & criminal cases are connected with land disputes. Subsisting complicated land law is very much responsible for this severe problem. Therefore, modernisation & reformation of existing land law is badly needed. The land survey & record preservation system need to be computerised. Transfer & registration process of property require to be made more comprehensive & handy. Centralisation of land authority under land ministry should be introduced through reformation of land administration. The enactment of strict rules & implementation of those should be ensured to prevent corrupt officials. Formation of summary trial court & proper utilisation of ADR (Alternative Dispute Resolution) hope to be regarded as temporary solution to this contest. Measures of speedy settlement of land disputes will save the more waste of time, energy & money of the government and obviously of the common people.
Md. Al Amin Sagor,
Department of Law (1st year), Dhaka University.