Mob justice over legal processes

[Tiki Tam Tam]

Mob justice over legal processes

Reading the newspapers these days one would imagine that we have regressed into the dark ages. The country has been witnessing a spate of violent incidents involving the common man, who has taken the law into his hands. On the Shab-e-Barat night, a mob in Aminbazar lynched six college students to death on suspicion that they were robbers. On July 27, six suspected robbers were beaten to death by locals ain Companyganj after the gang killed a villager during a robbery attempt.

A report published in The Daily Star on July 20 indicated that locals at Kachuai of Patiya upazila beat a suspected hijacker to death. Just a week back, at Sirajganj and Sharsha upazila in Navaron, frenzied mobs backed by the relatives of patients who died in the hospital allegedly due to doctor's negligence ransacked the hospitals and beat the hospital staff.

Newspaper reports show that, during the last six months, mob beatings claimed more than 70 lives. Angry mobs, students vandalising buses and even attacking teachers, and political rallies turning violent are almost a regular phenomenon They are not always politically motivated hooligans who have infiltrated into our system but most often ordinary citizens who seem to have a very short fuse.

Mob justice, once a common phenomenon in sub-Saharan Africa, has taken hold in this country. In few countries is it meted out with such disturbing frequency or such brutality as ours. Recent incidents, when six college students were lynched to death or some suspected child-lifters were hacked to death, point to the deteriorating law and order situation, growing impatience and, above all, futility of the police administration.

Despite the fact that law enforcement agencies are now equipped with modern gadgets, they have failed to report to the troubled-spot for containing the violence. In the Aminbazar incident, even after the police personnel reached the spot, young boys before were hacked to death. The police remained there as silent spectators as the angry mob continued their cruel torture until the victims were dead. They could have asked for additional reinforcement if their numbers were inadequate to quell the gruesome violence.

In most cases atrocities are fueled by some over-zealous masterminds and provocateurs who leave the troubled spot after troubles have intensified. On the other hand, in absence of police action, people seem to have accepted "mob-justice" as the only effective way to punish hijackers, robbers and child-lifters, just on suspicion!

Understandably, much of the street justice is a reaction to the country's ineffectual justice system. There is a crisis of confidence not only in the police administration but also in the entire administration of the country, as evidenced by many a report carried by the media. The recent granting of presidential clemency to convicted killer A.H.M. Biplob in Feni has raised eyebrows. Family members of slain journalist Foteh Usmani of Sylhet, killed in April 2010 by terrorist attack, have rejected the flawed charge-sheet submitted after investigation through 15 months as it did not bring a murder charge against the alleged killers.

One can't fail to see the obvious causes -- the failure of the overburdened judicial system where cases drag on for decades, the failure of the police to act in a sensitive manner or act at all, bureaucratic lethargy towards resolving issues speedily and the failure to provide employment, which leads to thousands of frustrated youth looking for an outlet. Above all, there is no fear of the consequences.

In a crowded, chaotic and conflict-ridden country like ours, mobs are born more frequently today because an already over-loaded and over-compromised judicial system continues to operate in an overheated climate watched by an over-fatigued media audience and innocent victims. The people have lost faith in more than just the judiciary.

A professor of socio-legal studies makes a distinction in mob violence. One kind erupts when "people feel no one is listening to them, when they get no active response from the state." It is out of frustration that they vent their anger. In the other kind, the mob is for hire, without a cause, a byproduct of urban unemployment and poverty. The incidents reflect pent-up resentment and impatience with the police, the judiciary, and the government.

Winning court cases, convictions and prison sentences against even notorious traffickers and offenders is a "Herculean" task, say legal experts. Society faces an uphill task with a judicial system devastated by years of neglect. Even high-ups in the law enforcement agencies admitted to the press that about 75% of the criminal cases end up in acquittal of the offenders because of flawed and weak investigation reports. Many of the hit men, even if identified, are often untouchable in the court and outside.

The mob violence after robbery committed allegedly by cops in a remote village in Dinajpur demonstrates that the general public in the country are not safe even at the hands of the law enforcers. In the mayhem that followed, the agitated mob torched the police vehicle, besieged the police rescue team and assaulted the DC. As one goes through the newspaper reports every day, one might be appalled to see the involvement of the cops in such criminal activities! The question is: Where can people go if law enforcers turn out to be law breakers?

So, what drives people to beat, maim and kill others? Some of the reasons are inefficient police, shoddy prosecution, lethargic judiciary, and prisons which allow "dons" to carry on their unlawful activities from within the safe confines.

No wonder, in an environment where society has to depend upon laws which were framed during colonial times and the process of reform is stalled by a myopic bureaucracy and visionless political leadership, people who seek justice take recourse to desperate measures.

However, no one can justify such vigilantism, or people dispensing speedy justice, of any kind. It was and remains a kind of wild justice bereft of a structured procedure, and devoid of codified laws, where the accused hardly get an opportunity to defend themselves. The quantum of punishment is most often decided by a hysterical mob. There should be no place for such barbarian justice in any civilised society, much less in an emerging democracy like ours. The trend must be arrested or else it could lead to anarchy.

The writer is a former Teacher of physics and Controller of Examinations, BUET.
Mob justice over legal processes

Given the political scenario of the country where the two largest political parties are more keen to settle scores, the lumpen elements are taking over and administering 'vigilante justice'.

It is possibly time for the political parties to be more concerned about the future and the good of the country than their personal infructuous interests.

Bangladesh is on the springboard to economic heights and if the mob culture and mob rule supersedes the governmental and administrative regime, dark clouds will only loom over the future of the country.

It is time to get back to good governance.

 

[Tiki Tam Tam]

Politicians should ring the bell for change

Shakhawat Liton

Dhaka Metropolitan Police (DMP) officer must be polite and courteous towards the people. He must not do anything which may tarnish the image of a constitutionally formed government. He must respect people's status and dignity and be prepared to protect their rights.

Even during a war or war-like situation or political unrest, or any possible threat to the country's security, a DMP officer can in no way inflict, instigate or tolerate any disrespectful, discourteous, inhuman and cruel behaviour towards the citizens. A DMP officer might be jailed for 6 months or fined Tk.1,000, or both, for misconduct.

These are excerpts from the DMP (Conduct) Rules, 2006.

In exercise of the authority of DMP Ordinance 1976, the BNP-Jamaat-led alliance government made the rules on October 16, 2006. The 4-party alliance government, however, had only 12 days in hand to implement the code of conduct before its tenure expired.

The way the BNP-led alliance government used the police force against its political opponents encouraged the misuse of the force.

During the tenure of the 4-party alliance, MPs and leaders of the then main opposition, Awami League, came under ruthless police attack on many occasions. Ministers at that time defended the police atrocities on their political rivals.

The scenario remains unchanged even though a new government has come to power. The ruling party's electoral manifesto "Charter for Change" could not bring about the desired changes in the use of police force and in transforming the force into genuine POLICE -- Polite, Obedient, Loyal, Intelligent, Courageous and Encouraging.

Politicians of the opposition are now facing police action on the streets during their agitation programmes against the government. Recently, opposition Chief Whip Zainul Abdin Farrouque was ruthlessly assaulted by the police in front of Parliament building during hartal. It triggered a huge outcry

A High Court bench also expressed concern over the situation while hearing bail pleas from the opposition chief whip, who was sued for allegedly obstructing police officials from discharging their duties.

However, the police officials who assaulted him were not punished. The prime minister, the home minister and other government high-ups directly and indirectly supported the atrocities.

The pervasive culture of misusing the police for suppressing political opponents has worsened in recent years. Many police officials seem to have become reckless. Despite being members of law enforcement agencies, they care little about law. It seems they are enjoying impunity.

This culture has created a sense of insecurity among the people. People are not safe in their own land; they do not have freedom of movement although they are owners of this country and police are legally bound to serve them as public servants. The latest incident of Dhaka University student Abdul Kadar is one of the glaring reasons for the growing sense of insecurity.

Khilgaon police picked up Kadar on the night of July 17 from the capital's Segun Bagicha area when he was going back to his dormitory from his cousin's house round 1.30 am. They tortured Kadar and implicated him in three false cases.

The police officers who tortured him would have remained unpunished had not a High Court bench taken the matter seriously. Following the High Court bench order, two police officers -- sub-inspector Alam Badsha and assistant sub-inspector Shahidur Rahman of Khilgaon Police Station -- were suspended temporarily.

Kadar's incident is not the only one; there have been numerous incidents like that, but very few are reported by the media. But Kadar's incident reminds us again how people are being victimised and subjected to harassment. It also shows how helpless the people are!

One may ask why police personnel should care about the common people when they get license to misbehave with elected representatives who belong to the opposition.

All power belongs to the people. And police personnel like other public servants are supposed to always serve the all-powerful people -- it is one of the fundamental principles of the state policy enshrined in the country's supreme law.

Now the crucial responsibility lies on the shoulders of politicians, who are largely responsible for the present situation, to bring the police force back on track. Politicians should not forget that they are also victims of dirty politics. Since restoration of democracy in the country 20 years ago, many senior politicians including former home ministers were assaulted on the streets by the police.

Abdul Matin Chowdhury and Mohammad Nasim, two influential home ministers during the past BNP and AL government regimes, were assaulted mercilessly by hostile cops. The incumbent home minister Sahara Khatun was assaulted by police several times during street agitation when her party was in opposition.

Therefore, it is time for politicians to ring the bell for change. Every member of DMP also has the responsibility to overcome the current situation to uphold the force's image. The DMP should serve the people, not any quarter. It is certain that the majority of policemen don't want their image to be tarnished further. So, the force should not tolerate misconduct by its members.
Politicians should ring the bell for change

The role of the Police in governance.