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20 February, 2020 11:02:19 AM
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Towards establishing rule of law and terrorism-free society

The lawyers are said to be important persons of society as people always look for their guidance
DR. FORQAN UDDIN AHMED
Towards establishing rule of law and terrorism-free society

People always strove hard for their existence and thus society developed and took final shape in the formation of state, which is defined as people organized for law within a definite territory. For peace and harmony, there were self-imposed code of conduct and the laws have been promulgated for regulating the conduct of the citizen for peaceful co-existence. In this way rule of law has become the essential pre-requisite for peace, prosperity and development of people and society. It is needless to say, in a democratic polity, the rule of law has become the essential pre-requisite for peace, prosperity and development of the people and the society. It is needless to say, in a democratic polity, the rule of law has been recognized as the greatest guarantee for ensuring liberty and protection of the rights of the citizen.
Terrorism and rule of law is the burning topic of the day. As there are crime, criminals, so there are laws, law enforcing agencies and criminal courts for ensuring punishment of the wrongdoers. There are also preventive measures but those are found inadequate due to lack of constant vigilance and wrong or mis-application of law and sometimes due to interference from interested quarters. Of late, the nature of crimes and the modus operandi of the criminals in the commissions of offence have undergone a change. Terrorism, violence and lawlessness has swept Bangladesh in all the spheres of the society including the universities which has been turned as the battlefields for arm-display in place of seats of learning, giving rise to terrorism taking a heavy toll of lives of the students belonging to different shades of opinion.

There are offences like abduction of children and woman, rape followed by death of woman, harassing and teasing school going girl and woman, extorting money, hijacking and snatching away of money and valuables, damaging or burning vehicles and property, creating blockades or obstacles in the free movements of transports. In committing such offences, violence is used and people are terrorized by the use of arms and explosives. Terrorism is required to be curbed at all costs as it is going to tarnish the good name of democracy making rule of law and hoax. The existence of terrorism is the negation of rule of law and establishment of rule of law will eradicate terrorism from the soil. It is said that law is required to be enacted on the basis of demand of time and change of modus operandi of the offends as the Penal Code and Code Of Criminal Procedure enacted during British period is not enough to fulfill the need of time.

Accordingly, the government, finding no other alternative, has promulgated “Anti Terrorism Ordinance” for the deterrent punishment of the offenders and for quick disposal of cases. As a judge, one may restrain in making any comment at this stage walking and the merit or demerit or about the necessity if promulgating such law. But what we want to emphasis is that all laws are good if those are obeyed by the people and if there is just and proper application of law for the punishment of the wrongdoers.

The lawyers are said to be important persons of society as people always look for their guidance. The Bar Association being a professional house of every advocate should be well equipped with books affording facilities for the learning and training of the lawyers for their efficient handling of cases, safeguarding the interest of the litigant so that they can playing a significant role in establishing the rule of law, which is essential for a democratic state. The independence of judiciary must be maintained at all costs and along with the judges, the lawyers have a great role to play in maintaining the independence of judiciary. While re-calling the role of the lawyers, Chief Justice Murshed in one of his judgements reiterated that the lawyers are the accumulated wisdom of the society and the conscience keeper of the nation. The lawyers have the opportunity of coming in contact with all classes of people; they are in a position to do a great deal in building up a healthy and prosperous society. They, in fact, influence the public opinion, counter anti-social activities, fight for the people’s right, and redress their grievances, both inside and outside the courts. The lawyers participated in the struggle for independence of the sub-continent from the foreign rule and domination. The lawyers spearheaded the liberation of Bangladesh. They should now come forward to fight for building up of a democratic polity as enshrined in the Constitution. The layers stood as bulwark against the autocratic rule. Therefore, a strong, independent, competent legal system is imperative for the fair play of democracy and for giving it an institutional shape. A courageous bar is necessary to give assistance to the administration of justice and it is the bar which produces judges. A strong and independent nar presupposes a strong bench and vice versa. The bar association of the country must come forward for fulfilling the needs of the lawyers involving them in nation building activities. It is gratifying to note that the National Bar Association is now performing the job of co-coordinating the activities of the different Bar Associations of the country. We expect and hope that through the able leadership and the guidance of the senior, eminent and efficient lawyers, who are now dealing with affairs of the Association, the junior members of the bar will rise up to the occasion and prove themselves worthy of the task as lawyers.

Lawyers of Bangladesh would not be worthy of the great tradition of the profession, if they fail to render the social service which can be so usefully and appropriately rendered by them. A term welfare state can function only if every citizen renders some service at a sacrifice and the lawyers working in his professional capacity is not an exception. Bangladesh Constitution Article 27 has guaranteed “Protection of Law” to all citizens who are equal before law.

The rights “equally before law” and equal protection of the law, as are contained in Article 27 of our constitution and Article 14 of the Indian Constitution are similar and Article 20(1) of the constitution Human Rights 1950 also reads as follows : “All are equal before the law and shall be accorded equal protection of law.”

It can be said with all emphasis that to afford legal aid is the moral duty of the lawyers and the duty of the state to make the ‘equality’ clause in the constitution meaningful. The door of justice should not remain open only to a fortunate few and closed to the poor and disadvantaged many. Therefore, some programmes must be made for finding out a solution to provide legal aid to the downtrodden and financially handicapped litigant. In this regard, a commission comprised by jurists, lawyers, law teachers can find out ways and means to set up a department for doing this onerous job.

The writer is a researcher and contributor

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Editor : M. Shamsur Rahman

Published by the Editor on behalf of Independent Publications Limited at Media Printers, 446/H, Tejgaon I/A, Dhaka-1215.
Editorial, News & Commercial Offices : Beximco Media Complex, 149-150 Tejgaon I/A, Dhaka-1208, Bangladesh. GPO Box No. 934, Dhaka-1000.

Editor : M. Shamsur Rahman
Published by the Editor on behalf of Independent Publications Limited at Media Printers, 446/H, Tejgaon I/A, Dhaka-1215.
Editorial, News & Commercial Offices : Beximco Media Complex, 149-150 Tejgaon I/A, Dhaka-1208, Bangladesh. GPO Box No. 934, Dhaka-1000.

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