Questions have arisen has to how far the interim government has managed to hold on to the hope that had been generated after the Awami League government was toppled by means of a mass uprising. People in the passing, on roads, rallies and meetings, would say, finally the country has been saved from the clutches of the autocrat. There was a ring of relief and satisfaction in their voices. Now they ask, why can't the government control the law and order situation? What's happening in the country?
The student-people's uprising took place to remove the autocratic system from the country and restore democracy. The political parties are coming up with all sorts of proposals. The reform commissions that were formed after the government took over, have also begun work. This is certainly positive. But on the flip side, the government is unable to resolve the problems in public life. The prices of essentials are spiralling out of reach of the common people. Law and order is on a downslide. One mishap after the other is taking place every day.
We also know of fracas between plaintiff and defendant's lawyers in lower courts. But this is the first time that eggs were hurled at a judge of the High Division or the Supreme Court
The recent clashes between the students of three colleges and the incident centering Chinmoy Krishna Das, leader of the Sammilito Sanatani Jagorani Jote in Chattogram, not being given bail, is unbelievable. Earlier the students announced and carried out 'Super Sunday' and 'Mega Monday' progammes which were simply an unleashing of violence. The law enforcement arrived at the spots after it was all over. And the security measures taken in Chattogram for the Chinmoy Krishna Das incident were inadequate. That is why supporters of Chinmoy were able to hack a lawyer to death.
In the past there had been certain untoward incidents at the lower courts. We also know of fracas between plaintiff and defendant's lawyers in lower courts. But this is the first time that eggs were hurled at a judge of the High Division or the Supreme Court.
What took place on Wednesday at the bench headed by Justice Md Asharful Alam (Court 32 of the Bijoy 71 building) was unbelievable. Eight years ago Justice Ashraful Kamal had been of the three judges who issued the ruling on the case pertaining to the sixteenth amendment regarding removal of judges. Certain lawyers first made some remarks, accusing him of making derogatory comments about former president Ziaur Rahman's takeover of power. After that, according to eyewitnesses, one of the lawyers threw an egg at him. But the egg missed him. Chaos broke out and Justice Ashraful Kamal and the junior justice of the bench, Kazi Waliul Islam, left the court room.
The Supreme Court is the people's last resort of hope. During Awami League rule, despite the government's interference in the court, leaders and activists of the opposition could not be detained, mainly because of justice in the Supreme Court.
On 17 September 2014 the Awami League government brought about the sixteenth amendment of the constitution. This bestowed the Jatiya Sangsad (national parliament) with the power to impeach judges of the Supreme Court. Later a writ petition was filed questioning the legitimacy of the amendment and based on the statements of three judges of a High Court bench the ruled that the sixteenth amendment was null and void.
In the full-fledged ruling of this case, Asaduzzaman versus Bangladesh, Justice Ashraful Kamal said in the observation of his ruling, "Major General Ziaur Rahman hopped in and took over power, that is, he grabbed the office of president. He did not think for once that he was a government servant. Being a government servant, how could he violate the army rules? He did not think of his oath. He did not remember that he had sworn to even give his life to protect the country." He went on to make further comments which are questionable as a judge.
But should the response to that be an egg thrown at him? The persons who threw the egg violated his oath as a lawyer.
This incident disrupted order at the court premises. On Thursday I asked a lawyer at the Supreme Court premises, how could a lawyer throw an egg at the judge? He said, "He can't. If the lawyer himself is the injured party, he can resort to the law for recompense. Instead he took the law into his own hands. That is a criminal offence."
The lawyer said he had discussed the matter with his colleagues, but could not do anything as the seniors did not cooperate. But the Supreme Court Bar Association's president Barrister Mahbub Uddin Khokan said action will be taken against the lawyers who threw eggs at the judge in the court room of the High Court. The Bar Council certificates of the lawyers involved in harassing the judge will be revoked and their membership of the Supreme Court Bar Council will be cancelled.
Chief Justice Refaat Ahmed also expressed his concern at the incident. In the press note released by the Supreme Court on Thursday (28 November), it was said that the chief justice expressed concern at unprecedented incident that took place at the Supreme Court premises on Wednesday (27 November) was unwarranted as well as the untoward situations also emerged at the district courts around the country.
In the meantime the chief justice directed all concerned authorities to take necessary measures for the overall security of all the court and tribunal premises of the country, the court rooms, the residences of the judges, the judges and employees and all connected to the courts. This information was posted in a memo on the Supreme Court's website on Thursday.
Several other untoward incidents took place before his mishap at the Supreme Court. Neither the government nor the Supreme Court gave this due attention. Students laid siege to the Supreme Court area twice to achieve their demands. Several lawyers of the Supreme Court said that there had been no need to lay siege there. The judges against whom the students had objections, were prepared to resign voluntarily. On top of that, the chief justice who is the guardian of the judiciary, and the law advisor, were there. This set a bad precedence. In the future if any group or organisation feels that a judge should be removed, they will simply do the same thing.
All these days we would hear of scuffles between the lawyers or the plaintiffs and the defendants at the lower courts. Throwing things in the lower courts is nothing new. But this time it was in the very Supreme Court that a lawyer threw an egg at a judge. Why did he not protest back then when the hearing of that case was being held? As a lawyer he is aware that one cannot behave with a judge in such a manner. But he went ahead to behave in this manner anyway. What he trying to please the BNP leadership? A place where people can place their trust is snatched away when a judge is disrespected in the Supreme Court of the country.
* Sohrab Hassan is joint editor of Prothom Alo and a poet
* This column appeared in the print and online edition of Prothom Alo and has been rewritten for the English edition by Ayesha Kabir