The Inspector General of Police should take necessary measures to “ensure quick investigation” into allegations against law enforcers and “take action” against them who would be found guilty. This is an observation of the High Court delivered on Tuesday, and obviously it’s very courageous and time-befitting one.
According to a newspaper, the High Court Division of the Supreme Court in a full verdict noted that the court often notices that various allegations are brought against the law enforcers and the victims also lodge written complaints with the IGP’s office, but the allegations are not disposed of quickly. The court also firmly expects that the IGP would make the functions of IGP Complaints Monitoring Cell more effective and speedy.
This reminder of IGP’s duty came in the midst of extensive abuse of police power initiated by all round
fear afflicting the people in all spheres.
The HC Bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman expressed concern about enforcement of law by the police. The above observation was given in the full verdict on a writ petition filed challenging the manipulation of FIR (first information report) in Rajshahi’s labour leader Nurul Islam murder case.
In the said judgement their Lordships pointed out that it was the sole jurisdiction of the OC to investigate a case after it was recorded with a police station, and directed the Rajshahi’s Chief Judicial Magistrate to send the probe report along with relevant documents and witnesses’ statements to the ACC to initiate the next course of action.
Though the HC in a particular case of FIR manipulation (by the Puthia OC in Rajshahi) has given the remarkable judgement, in reality such incidents are widely occurred mostly for political reasons. The police are treated by the government as its politicised wing. The idea of police being the people’s police to serve the people by giving them protection of law is almost forgotten.
As law enforcers they must remain above party politics and impartial. But over the years they suffer from diminished courage and their power is being used politically to create fear among the opponents. Politics is now abuse of police cases.
We are living in falsehood and corruption. There is need for courage in them if we want the police to behave like honest law enforcers. Their involvements with criminalisation of politics have made them involved in criminal activities. This is hopelessly damaging for a civilised nation living free from abuse of police power. There is nobody to save the police force as impartial law enforcers untethered from politics.
The lawyers could have been a brave force of the rule of law. Alas, contrary is true! Most of them are party activists of undemocratic politics. The nation is truly unlucky. Nothing could be more disappointing for the people and the legal profession than when the lawyers are collectively engaged in unconstitutional politics making way for lawless autocracy. In Bangladesh where the people made supreme sacrifices to live under democracy and enjoy the protection of the rule of law is now unsure of everything. It is truly shocking.
Luckily we have a democratic Constitution as the people’s achievement and the Supreme Court is trusted with the supreme power of defending the Constitution and protecting the rights of the people as enshrined therein. So the Supreme Court has the fearless obligation to protect the Constitution and ensure the people of the protection of law. The police must be given the courage to be part of the judiciary accountable to the courts.
As long as the present Constitution of the people survives the Supreme Court remains the supreme constitutional force over the government. The source of power of the judges comes from the Constitution and the obligation to protect the Constitution is embedded in their oath of office. The judges of the Supreme Court are backed by the people’s Constitution and their legitimacy is derived from the people’s Constitution. Their legitimacy cannot be in dispute.
In the sphere of the rule of law and justice, the Supreme Court is constitutionally bound to be the embodiment of courage and save the people from endemic fear created by abuse of police power under forced circumstances.
In our rotten politics the Supreme Court is the people’s last hope for the enjoyment of the protection of the Constitution and the law. When the right people are weak, the wrong people become strong.
The restlessness among the young ones should not go unnoticed.
