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LAW letter

Justice corrupted, justice denied
On the first day of October, a serious graft allegation against an additional judge of High Court Division was made by the president of the Supreme Court Bar Association. It was alleged that the accused judge took bribe from a client for fixing a bail and that he continues sitting at his chamber and communicating with the clients. Moreover, there was allegation against him of misappropriation of the Bar Association fund when he was one of its office-bearers. Then for what quality has he been appointed as an additional judge? It was alleged that when the lawyers launched agitation against the superceding of senior judges and non-confirmation of the additional judges despite the recommendation of the chief justice in March this year, the man in question called a convention to oppose them as a pro-government layer. And in the next month he was awarded with the post of additional judge.
Allegation of corruption against lower court judges are very frequent in our country and the confidence of the common people of getting fair justice in the lower court is become fade day by day. But corruption charge against an additional judge of the High Court Division has shocked the nation and thrown a blotch on the sacred image of the higher judiciary. Wholesale politicisation of the judiciary and recruitment of judges on the basis of political consideration are the main reasons behind this kind of corrupt practices and free fall of judge's morality. Inefficient, unskilled and corrupted lawyers, who are very much active on the ongoing pro- and anti-government lawyer's mud-slinging are being appointed as judges in the High Court Division, undermine the sacred image of the judiciary and suffocating the chance of getting fair justice.
But these kind of illegal and immoral practices must be stopped anyway for ensuring justice. At first the recruitment process must be made transparent and the men of efficiency, skill, ingenuity and integrity should be appointed as judges. The judiciary must be made independent without delay. The ongoing naked and disgraceful practice of political toeing by the lawyers should be banned. And of course in the present case, the graft allegation must be investigated by the Supreme Judicial Council.
Md. Rezaul Karim,
LL.B (Hons), 3rd year, University of Dhaka.
*****
In every society judiciary and judges plays a vital role in upholding certain values: they represent the establishment and uphold the 'status quo'. Judges are expected to be honest. In discharging his judicial function a judge is subject to nothing but to the law and the command of his conscience. But, on 1st October, Supreme Court Bar Association's president Barrister Rokanuddin Mahmud, brought allegation of corruption against a High Court Division judge. This allegation against the highest judiciary shocked the nation. It's a dent on the image of the higher judiciary. Such allegation also diminishes the public confidence over the impartiality of the judiciary.
Against the backdrop the Chief Justice have to take proper steps to find out the truth. Our Constitution has provisions for Supreme Judicial Council in clause (3) of Article-96. According to sub-clause (b) of clause (4) the council can inquire into the capacity and conduct of a judge. Sub-clause (b) of clause (5) provides "where upon any information received from the council or from any other source, the president has reason to apprehend that a judge -- may have been guilty of gross misconduct, the president may direct the council to inquire into the matter and report its finding. The president can remove a judge if he is found guilty of misconduct. We demand the immediate inquiry of the allegation.
Khan Mohammad Ilias Sadik,
LL.B (Honours), 3rd year, University of Dhaka.
*****
Are police beyond control?
The police are the guarantor of public security throughout the Bangladesh. But most of the times, they are highlighting for their illegal goings-on and criticised in several times. All national dailies including The Daily Star published a phonograph of an Awami League woman activist in 28th September 2003. In the snapshot, it is evidently seen that the woman police are dragging the blouse of the female activist. This is awfully disgraceful hearsay for us. The similar outlook was also seen during the prior Awami League regime and the rubber stamp is occurred under the ruling coalition government decree. One government goes out, another government comes but the law enforcing agencies doesn't change. Police are not guilty for all, I think the politician are the solely guilty for this shameful act. If our political culture is not
change, then this panorama will be occurred one after another. However, the police should know that they are not the servants of the politician; their foremost duty is to protect the dignity of people.
Md. Zillur Rahaman,
MSS Economics, Bangabandhu Hall, DU.
*****
Change attitude, not dress
According to a report of Transparency International Bangladesh (TIB), Bangladesh is most corrupted country across the globe for the third time. As expected, the government rejected the report and the opposition welcomed it. The report identified Bangladesh Police as one the most corrupted sector. We are not surprised at all to see police in the top of the list. Almost all citizen of the country believes that police is corrupt. Recently I read two new item in the newspaper regarding police i.e. some 300 police personnel has been fired from service for their alleged involvement in criminal activity and
about 30,000 member of the police forcer has been found physically unfit. The other news is on changing the colour dress for the police force. I welcome the first decision of the govt. to dismiss the corrupted officers. But I cannot understand why the action was taken against officer of Inspector level and below. Does it mean that only the lower level officers are corrupted and higher officers and angles? I have read allegation of corruption against officer as high as DIG. So, I urge the government should take drastic action against any officer if he is found guilty of any illegal activity irrespective of his rank and position. The second news was on change of colour of police uniform. I cannot really understand the need to change colour of police uniform. Will it help in any way to improve the performance and effectiveness of police? We all know that police cannot discharge their duty properly for resource constraint. Then why the govt. will expend money for changing dress colour? Cannot they allocate it for improving performance of police by increasing vehicles and other logistics? I think we first need to change the behavior and attitude of the police, not their dress, to make it more effective and people friendly.
Dilshad farhana,
Advocate, Dhaka Judge Court.
*****
According the newspaper reports, govt. has decided to change the dress of police. If it be true, then I wonder what is the thing that leads the govt. to take such decision. This year also Bangladesh has been the most corrupted country in the world as per the report of Transparency International. And as usual police department has won the top position in the list. In this circumstances what does the govt. desire to achieve by changing their dress? What the members of the police department are doing is diametrically opposite to their duties and functions, to the aspiration of the citizen. Police are called the friends of people, but here public fears the police most. Public have lost their total trust and confidence over police. In the one hand, police have lost their image and on the other hand they are not well equipped to fight terrorists with modern weapons. So what is necessary is to improve their morality and to render modern logistic support. Changing dress will serve no purpose. It is like bottling old wine in new bottle.
Dr. Md. Alauddin,
Tolarbagh, Mirpur, Dhaka.
Q: I am a former government employee. During my serving time I worked in some important office of the government and as such I had the opportunity to witness some misdeeds of some high Govt. offials and ministers. Now I am planing to write a book on my experience where I want to make some of the misdeeds and also make some official documents public. Will it be a criminal offense if I do so? Please advice.
H.H,
Dhanmondi, Dhaka.
Your Advocate: I appreciate your inner urge to disclose the misdeeds committed by some high officials of the Govt. and Ministers in the book ( seemingly an autobiography) that you are planning to write. You are a former Govt. employee and willing to make public the misdeeds done by and the documents bearing testimony of the misdeeds of those high ups experienced by you during your service-life. The question is whether such publication, if any, will amount to criminal offence. The query is plain and simple but the answer involves a mixed question of laws and facts calling for a bit of reflection on both. Any person making or publishing any imputation concerning any person intending to harm or knowing that such imputation will harm the reputation of such person shall be punishable for defamation. Law, at the same time, says, it is not defamation to impute anything which is true and for the public good the imputation should be made or published. Law goes further to say that it is not defamation to express in good faith any opinion respecting conduct of a public servant in the discharge of his public functions, or respecting his character so far as that relates to such conduct. The main thrust of law is that the writer's efforts need be fair and honest taken for public good and not prompted by malice or personal vendetta and the writer must keep himself within the bounds of things which is substantially true or he reasonably believes to be true as a man of prudence. It is clear that law permits you to put on paper things much beyond you are contemplating to do. Your case is clear as emanates directly from personal experiences and documents. Still, without meaning discouragement I feel like telling you that materialisation of your pious wish will depend more on your commitment and moral courage than on law. You have to be prepared at the same time to face court should litigation arise as this kind of things do not usually go unchallenged and the questions of 'truth or falsehood' 'good faith' and 'public good' remains to be questions of facts to be looked into by court. In the peculiar circumstances possession of the official documents does not attract The Official Secrets Act, 1923, but for its use in a book of the kind it would be advisable for you to take permission from the appropriate authority.