Dr. Forqan Uddin Ahmed :
Father of the Nation Bangabandhu Sheikh Mujibur Rahman wanted to assure the people that no aspirant should be harassed and deprived of justice; the reflection of which can be seen in the 1972 constitution. After the victory in the great war of independence, Bangabandhu always thought about how to decorate the war-torn country. One of them was the idea of ‘constitution’, the basic principle of governing the state. In particular, he discussed with the then Constitution Drafting Committee more than once about the judicial system in independent Bangladesh. He wanted to ensure in the constitution that the dream of establishing a democratic Bangladesh free from exploitation was reflected in his long struggle and politics. That’s why he wanted to see a strong judiciary. The 1972 constitution also reflected that dream, where an independent and strong judiciary is ensured. The depth of Bangabandhu’s thoughts on the judiciary was reflected in his speeches at different times. Bangabandhu said, ‘Going to court is a waste of money and time.’ Mentioning this issue, he voted in favor of establishing a strong and independent judiciary.
The third part of the Constitution of Bangladesh mentions in the Articles 26 to 47, the fundamental rights of the people of the country. Article 27 of the Constitution of Bangladesh states, all citizens are equal before law and are entitled to equal protection of law. The right to recourse to the law is essentially access to justice. It is the responsibility of the state to ensure equal access to justice for all citizens and to ensure that all enjoy these rights without hindrance. Article 31 of the Constitution states, every citizen residing in any place shall be entitled to the protection of the law and to be treated in accordance with the law. And no action shall be taken except in accordance with the inalienable rights of other persons temporarily residing in Bangladesh and especially in accordance with the law, which may result in loss of life, liberty, body, reputation or property of any person.
The preamble to the constitution states that the rule of law, basic human rights and political, economic and social equality, freedom and justice will be ensured for all citizens. In addition, Article 27 of the Constitution declares all citizens to be equal before the law and states that everyone is entitled to equal protection of the law. Article 31 strengthens that provision and Article 33 serves as a public safeguard against criminal matters. Therefore, it can be said without hesitation that the Constitution of Bangladesh has ensured the best justice for every people.
Arrests and detentions are protected, and the Constitution of Bangladesh provides protection to ensure that a citizen is properly apprehended if he or she is arrested or detained. Article 33 of the Constitution states, ‘(1) No arrested person shall be subjected to guarding without giving reasons for his arrest as soon as possible and the person shall not be deprived of the right to consult with his nominated lawyer and to defend himself. (2) Every person arrested and detained shall be produced before the nearest Magistrate within twenty-four hours of his arrest from the place of arrest to the Magistrate’s Court without the time required to be brought and shall not be remanded in custody without the order of the Magistrate.
Article 35 of the Constitution states that, (1) No person shall be convicted except for the offense of breaking the law which was in force at the time of the offense, and the penalty which may have been imposed at the time of the offense shall be greater than or equal to the penalty imposed. Different punishments cannot be given. (2) No person shall be convicted or convicted more than once for the same offense. (3) Every person accused of a criminal offense shall be entitled to a speedy and public trial in an independent and impartial court or tribunal established by law. (4) A person accused of any crime shall not be compelled to testify against himself. (5) No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. To enforce fundamental rights, the Constitution of Bangladesh has given every citizen the opportunity to protect his fundamental rights. If someone’s fundamental rights are violated, it can be enforced through the courts. Article 44 of the Constitution of Bangladesh states, ‘(1) To enforce the rights conferred by this section pursuant to Article 102 (1) of the Constitution, the right to file a case with the High Court Division was guaranteed. (2) The Parliament may, by law, empower any other court to exercise all or any of its powers within the local limits of its jurisdiction without infringing upon the power of the High Court Division under Article 102 of this Constitution.
The government is sincere enough to establish justice. Now if the government as well as private domestic and foreign organizations, civil society and the people come forward, then according to the constitution of Bangladesh, access to justice will be established.
(Dr. Forqan is former Deputy Director General, Bangladesh Ansar & VDP).
