The Chief Justice of Bangladesh Mr. S K Sinha has said while addressing the Police in a function at Police Headquarters Thursday that police and the judges are inseparable organs of the judicial system as the rule of law could not be ensured ignoring one of the two organs. He explained that justice cannot be ensured by the judges alone. His Lordship has also urged the police officials to provide security to all citizens.
Some critics felt uneasy to accept the partnership between the police and the judiciary in the absence of the right spirit. What frightened them is the possibility of such partnership turning into one of more corruption in the judicial system, specially at the lower level of both the organs. Otherwise, it is known to everybody how essential the cooperation between the judiciary and the police is for justice system to work for dispensing justice.
Surely, the Chief Justice was not feeling helpless when he said that judges alone cannot ensure justice. As the head of the justice system of the country, he is not helpless. Still, we have the Constitution to uphold his highest position in the judiciary. As an indispensable part of the judicial system, the police is not unaccountable to the judges.
The importance of the role of the police for doing justice in criminal cases is not adequately appreciated by many. Most of us blame the judiciary for falling short of their expectation in ensuring justice.
But unless the police officials are honest and impartial one cannot be sure about the honest and impartial investigation in criminal cases.
Like in other countries, where the rule of law exists, the police have to obey various rules for the need of protecting the rights of the citizens so that they are not to be subjected to harassment or intimidation by the police.
To be able to see police as friends of the people it is so desirable for the justice system to function justly but yet we have not been paying much attention to help the police to act as friends of the people.
We have not yet become a police state. Some apprehends it is only in the process of becoming so. There is still much we can do to save the justice system if there is understanding and will. No doubt, as citizens are seeking justice we all have our share of the responsibility to make it a reality.
But as the Chief Justice of Bangladesh Justice Sinha is seen as epitome of justice. This high position is protected by our Constitution and as such his power and authority to shape the justice system is undeniable.
It is a matter of common knowledge that widespread corruption is going on unabated over bail and police remand matters causing panic among the general public. False cases against wrong persons have become too easy for carrying on business of bail. Arresting dangerous criminals are not easy. Not granting bail means helping to punish the innocent ones before trial and knowing the truth. Denial of bail when a police case begins is denial of one’s all fundamental rights including one’s right to defend himself freely. One has to think of collateral sufferings of his family members if he is the only earning member. The system seems to work on the presumption that one is guilty before proved innocent.
None in the judicial system can ignore corruption over negotiating bail and police remand. Let the judges save the police from the easy allurement of corruption. Refusing one’s fundamental rights should not be a matter of an easy police case or political pressure. Judges must be ready to show their authority and strength to do justice.
The police may be an integral part of the judicial system but it is the judges who have to be seen to dispense justice.
