Awami League is going to make permanent the vary same act they had strongly protested during BNP government’s regime. The draft of The Law and Order Disruption (Speedy Trial) Act (Amendment)-2024 was approved in the cabinet meeting held with Prime Minister Sheikh Hasina in the chair on last Monday.
The tenure of the act was extended during BNP regime (2001-2006). However, the Awami League government that has been in power for 15 consecutive years has also extended its tenure in phases.
Cabinet secretary Mahbub Hossain stated, while promulgating The Law and Order Disruption (Speedy Trial) Act-2002, that it had a tenure of two years. And the term was extended later. Lastly, it was supposed to expire on next 9 April. However since the cabinet has decided in principle to accept it permanently, the tenure won’t have to be extended now.
According to The Law and Order Disruption (Speedy Trial) Act-2002, if a person commits an offence to disrupt law and order, they will be sentenced to minimum two years up to maximum seven years of rigorous imprisonment as well as be fined.
Apart from that if a convicted persons causes financial loss to the government, to a statutory body, to an organisation or to a person at the time of the offence, the court will take that into consideration and be able to order that convict to pay a suitable compensation while this compensation money will be collectable as government claim.
About the trial procedure it has been stated that the court will prosecute the crimes committed under this act in a brief manner and follow the method described in the section 22 of the criminal procedure as far as it is applicable.
Not only the opposition, different human rights organisations had also strongly criticised the act. When the objective of an act is to just harass the political opposition, justice cannot be expected from that act.
As per the speedy trial act, the report or complaint shall be filed under section 9(2) within seven working days of the offense being committed. And, the court will complete the trial within 60 working days (subject to the provision of section 11) of the report or complaint being submitted.
There are two common phrases used about justice. One is, ‘Justice delayed is justice denied' and the other is ‘Justice hurried is justice buried’. Just the way there’s a concern about justice being denied if the trial’s delayed, the accused can also be denied fair trial if the trial procedure is rushed.
Arguing in favour of making the act permanent, law minister Anisul Huq has said that the act is playing an effective role in maintaining law and order. In that case, there arises the question why did Awami League protest the act instead of welcoming it when the law was promulgated during BNP regime?
Why would an act that should be revoked according to Awami League’s claim get a permanent form? So, let the speedy trial act promulgated during BNP regime be revoked as quickly as possible.
Not only the opposition, different human rights organisations had also strongly criticised the act. When the objective of an act is to just harass the political opposition, justice cannot be expected from that act.
Following 28 October, more than a thousand BNP leaders and activists have been convicted under quite a few cases filed under this act and there’s a serious concern about its appropriateness. There are even allegations that many have also been convicted in factious cases under this act.
The speedy trial act should be revoked based on the same argument Awami League had used to oppose it during BNP regime. Extending the tenure or making the act permanent after its latest tenure has expired would mean the government taking responsibility of an undemocratic law.
Why would an act that should be revoked according to Awami League’s claim get a permanent form? So, let the speedy trial act promulgated during BNP regime be revoked as quickly as possible.