Commentary: Midnight HC order restored two children’s right and showed human face of justices

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According to media reports in national dailies on Monday, two children, grandsons of the late 9th attorney general KS Nabi, have finally been able to return to their father’s home after the High Court Bench of Justice Abu Taher Md Saifur Rahman and Justice Md Zakir Hossain issued a unique suo moto verbal rule and direction asking police of Dhanmondi, Dhaka to ensure entry of the children to the their father’s home and arrange police protection for them last Saturday. They were collected from their divorcee mother’s residence by the police as ordered by their Lordships and settled them in their father’s house.
As far we know never before a verbal suo motto rule was issued at midnight seeing on television the two children’s appeal for help to enter their father’s home. They were refused to live in their father’s home after the death of their father. They narrated the pathetic story begging for help to save them from shelterless situation and as the victims of cruel selfishness.
This was an unprecedented issuance of verbal rule and their Lordships’ prompt and unconventional exercise of the power of the highest court has been a great boost to the image of the court. This had given the people also hope that the court is ready to
act promptly for upholding the cause and humanity of justice.
These children sought help from the police first. The police just ignored their plea saying that it was a family matter with powerful people behind so they were helpless and nothing could be done.
Our politicised police forget that as law enforcers to help the children against throwing out from their lawful right to be in their late father’s home was their sacred duty. We cannot all be inhuman and power worshipers. They could not be left homeless.
We want our police to be people’s police, they should be in free country. In any civilised country the police would not have been so careless especially about the need of the children to help. They could have gone to find out how lawful was their claim. It is honourable for our police not to conduct as colonial police for serving the people in power only.
The Supreme Court of neighbouring India had to come into session in the middle of the night in at least five different cases. In a midnight hearing, the apex court turned down a petition challenging Karnataka Governor Vajubhai Vala’s decision to invite the BJP to form the government. In another case of July 30, 2015, the Supreme Court was convened inside the court premises to hear the final plea of Mumbai blasts accused Yakub Memon. The plea was rejected and Yukub executed. On September 5, 1986, a Bench of the Supreme Court sat late into the night to provide bail to Lalit Mohan Thapar and Shyam Sunder Lal. They were convicted in their company’s violation of the Foreign Exchange Regulation Act but where granted bail. On August 7, 2013, Maganlal Barela case, the Supreme Court suspended the execution of Maganlal Barela, who was convicted for beheading his five daughters. In 2014, a similar hearing was held two hours before the execution of Surinder Koli, the prime accused in the Nithari case.
But our High Court Division of the Supreme Court established an unprecedented example in serving cause of justice and humanity by acting promptly by verbally issuing a sou motto rule and ordering police to comply with direction immediately. Police had to help the children at midnight as per order of their Lordships.
Our Supreme Court is only legitimate constitutional authority and its hands are long enough to do justice to the people. The people are suffering through lawlessness and injustices everywhere and to save the country from the violent chaos the Supreme Court has a role to play.

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