Is not justice taking proper care of itself in Bangladesh?

Dr. M. S. Haq
Causes, effects and causalities of justice should take its own course through family, society and other locations, as well as destinations at local global and other levels – in pursuits of its goals, objectives and outcomes, to mention a few – with the help and support of for example people, institutions including inter alia laws, and environments in the form of say culture of justice and respect for people. Justice is one of the present day products of Gene mechanics – one of the brain children of the author.Gene mechanics acts as, among other things, facilitators of interactions between human plus other genes and rest of the creations and vice versa, using physical or virtual or other modes, for purposes such as development of realities of justice as apparent to for example humans – under limitations of creations such as gravity. The homeostasis of justice is dependent on inter alia as to how best and quickest it is able to take the full control of its care and to take full care of itself in pursuits of say the right and affordable justice for all at all time to the satisfaction of all concerned. Homeostasis, in terms of human body implies, when body temperature, heart rate, blood sugar level and concerned other parameters are maintained, the body is considered healthy. Disorders in justice processes or in support bases of justice (say people, environments) or otherwise, as appropriate could affect homeostasis of justice in a variety of ways.
Justice perceptions in a society are among components of homeostasis of justice that could help assess health conditions of justice in that society at say a given time. Let us now briefly focus on justice perceptions in Bangladesh. Consider the following media reports of today – 06 December 2013. It has been reported in national dailies of Bangladesh – more than 300 hundred RAB personnel cordoned off yesterday the residence of Gen. H. M. Ershad, a former chief of Bangladesh Army and a former president of Bangladesh. Gen. Ershad is at present a member of the parliament, he is heading the political party – JP. Following the presence of RAB personnel and rumors concerning his possible arrest, Gen Ershad reportedly told the reporters of the media: he would commit suicide if RAB members tried to ‘trick’ him. When asked by the reporters whether he feared arrest in the pending cases against him, Ershad replied: “I am no longer scared of imprisonment. Though I am old, I am ready to go to jail.” The RAB reportedly told the reporters – they were there to ensure Ershad’s security. “I told the RAB men that I have kept four loaded pistols under the pillow in my room. I also asked them to go to my room and check. I will kill myself if they try to take me with them” Ershad told the reporters.
In respect of above, several things about justice perceptions in Bangladesh come to mind. A few of them have been presented here not in the order of priority and importance – but they are relative to time, space and other variables.
01. The time of occurrence and place of occurrence of cordoning off Mr. Ershad’s residence reportedly took place following Ershad’s disagreement with concerned political party on matters of upcoming elections. It is not clear at present as to the existence of any connection between the two incidents or otherwise as appropriate.
02. It is not clear at present as to what was bothering powerful former President Gen. Ershad to go with the RAB personnel. Why did he express his reported readiness to go to jail instead? What made the former president to act in the way the media reported about him – supposedly, in the absence any communication or document pertaining to his possible arrest or otherwise, as appropriate? What made him to ask the RAB personnel to check his loaded pistols despites the reported fact that they were there to ensure his security. Why did Ershad threaten to commit suicide? It is forbidden in Islam.
03. Although the reported incident is not immune to relevant variables including those of individual differences – speculations, rumors or otherwise as applicable, pertaining to, connected with, and ancillary to, for example continuation of similar incidents have been rife in markets of the country’s justice system. Concerned people of Bangladesh including ordinary people, political party people, civil society people, and the media people (print, electronic, others) have been complaining about that in a variety of ways, over a variety of time periods.
The bottom line is: justice perceptions in Bangladesh need drastic improvements at the soonest in pursuits of say development of enabling environments for, among other things, the right and affordable justice for all at all time. Here are a few of the suggestions for upcoming government of Bangladesh to consider through the future.
A. Facilitate improvement of justice perceptions of all people of all of Bangladesh and others concerned, as maximally practicable though, via for example liberating – fully, meaningfully, and in a sustainable manner – the judiciary, government offices including those of law enforcement and concerned others from harmful partisan politics and from cumulative effects of harmful partisan politics, to mention a few. Concerned politicians, political parties and others should come forward when it comes to establishment of  leadership by example in areas say justice for others to follow that – irrespective of outcomes of justice that could lead to just punishments of all concerned.
B. Help make justice perceptions of the people solid and stable via ensuring full and meaningful independence of the judiciary and other constitutionally established institutions such as the election commission and the ACC, and via bringing appointment, promotion, separation, confirmation, reconfirmation, dismissal, performance appraisal and other vital HR matters of justices, election commissioners and concerned others to the control of as appropriate parliamentary committees, and the parliament. The judges of superior courts and others concerned should face performance appraisals after every 05 years for purpose such as retention or termination at end of 05 years.
C. Allow the floor change in the parliament – in the best and overall interest of Bangladesh and its people – without loss of parliamentary seats by concerned member-s of the parliament.
D. Use justice perceptions as one of the core factors for determination of human development at country levels via the human development report of UN and other concerned documents. How about strengthening (conceptual and otherwise) of justice perceptions in TIB products?
E. Step up bottom up transactions via empowerment of the country’s local governments in pursuits of say enhancement of accountability of political parties to the people and vice versa. Further, craft and implement strategies aiming at harnessing of inter alia family centered potentials of Bangladesh for empowerment of people at say grassroots and ensuring ‘quality’ DNA transfers at a variety of generational levels – all, in pursuits of sustainable bottom up transactions in the country. The US, the UN, Canada and concerned others will be required to do more in above and other areas for better governance in Bangladesh.
The last word: no person is above the law. No person shall be allowed to take the law into his or her hands, directly or otherwise, to for example his or her personal advantages at the cost of rest of Bangladesh. Respect people. Minimize, if not eliminate, wastage. The right and affordable justice for all at all time and outcomes thereof could expedite peace, progress and prosperity of Bangladesh to at least maximum satisfaction of people of Bangladesh and others concerned – against the backdrop of existential and evolving uncertainties, competitions and interdependencies in relevant areas.
Harness justice perceptions in efforts towards a quick resolution of election related political disputes with or without (or otherwise) help and support of friends of Bangladesh such as the US; the EU; and the UN – ASG Fernandez is now visiting Bangladesh for the third time (I assume so) as part of the UN secretary-general’s intense efforts towards a quick resolution of the disputes therein; and neighbors of Bangladesh such as India. God bless. Allow justice to take proper care of itself. God bless. (The author is inter alia former Government Advisor, Office of the Prime Minister – Fiji, Suva, South Pacific)