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2023-07-26 11:07:41

Are Tarique Rahman and BNP above the law?

Justice Shamsuddin Choudhury Manik

Are Tarique Rahman and BNP above the law?

Many may ask, why such a question arose in my mind? Because there are many reasons behind this, this question is spinning in my mind. I can see some political leaders and activists committing crimes one after another in the open light, but the long arm of the law cannot touch them. Many of their crimes are serious.

As a law student, I learned on my first day that law has long arms, law is blind, law spares no one. When the question comes to mind, one of the world's greatest judges, Lord Denning, remembers the quote, "No matter how big you are, the law is bigger than you." The quote was not Lord Denning's. It was first mentioned by a physician named Dr. Thomas Fuller, who wrote it in 1733. In 1977 Lord Denning Dr. Fuller's immortal comment was reiterated in the Attorney General's case. But today the words and behavior of some BNP-Jamaat leaders seem to be above the law. This was particularly brought to mind by a recent news report in which Tarique Rahman, a fugitive accused of murder and sentenced to life in prison, uttered unforgivable insults and insults about our country's legal system and courts in a Zoom chat. The feeling is that the court made a big mistake by sentencing him. Convicted murderer Tarique Rahman and the people who communicated from Bogura through the Zoom platform have committed a number of crimes, which must be prosecuted in the interest of the rule of law.

The manner and language in which the murderer Tarique Rahman (he was convicted and convicted by a competent court of murder, he can legally be called a murderer) attacked all our courts including the Supreme Court in the said Zoom discussion, with violent, vindictive and seditious sarcasm and language, is against our constitution. Contempt of Court is an offense punishable under the provisions of Article 108, for the trial of offenses which both Divisions of His Highness the Supreme Court may promulgate rules on their own initiative. However, the contempt of court information needs to be brought to the notice of the court, for which the matter of Zoom conversation has to be presented to the court.

Tarique Rahman may not be immediately apprehended during the trial as he is absconding abroad, but his absence will not prevent the prosecution or sentencing if found guilty. Tarique Rahman is not alone in committing contempt of court. The persons who helped spread the defamatory remarks of Tarique Rahman through the Zoom platform are also guilty of the offense of contempt of court like Tarique Rahman and may therefore be subject to contempt proceedings. They too can be tried and punished if found guilty.

As Tarique Rahman is a fugitive accused, a petition was filed in His Highness High Court to the effect that none of his speech, speech should be aired in any media of Bangladesh. Late Member of Parliament Abdul Mateen Khosru, present Minister of Animal Husbandry Sh M Rezaul Karim, Member of Parliament and former Minister Kamrul Haque, former Member of Parliament Advocate Sanjida Khatun, former Assistant Attorney General Advocate Yadia Zaman and some others presented the petition in the High Court, and the High Court gave an order to the effect that no speech, statement, comment of Tarique Rahman can be disseminated in any process, in any medium and in any way. While the said order is still in force, those persons who have helped to spread the said speech of Tarique Rahman through the Zoom platform are all guilty of violating the said restraining order of the Hon'ble High Court, for which they may be punished. Those who are raising the bar with loud talk of democracy and human rights should understand that respect for law and rule of law are essential prerequisites for democracy and protection of human rights is no substitute for it. The sad thing is that people who are constantly shouting that human rights are gone, democracy is gone, nothing is being heard about the said contempt of court speech of murderer Tarique Rahman. It would not be unreasonable to hope that conscious circles would play a role in upholding the rule of law by speaking out against Ferrari accused Tarique Rahman’s offensive statements. As a result, criminals who consider fleeing abroad to escape their sentence will think twice before making such a decision. It must be remembered that those who are helping Tarique Rahman’s speech are encouraging an absconding convict to remain on the run. Apart from this, those who are keeping silent even after witnessing such criminal activities of Tarique Rahman, are also indirectly and probably unknowingly encouraging him. It would not be unreasonable to hope that the conscious people of the country would speak out against Tarique Rahman’s crimes. It is also hoped that some learned advocate/advocates may bring the matter to the notice of the Hon'ble High Court so that appropriate legal action may be taken against the concerned. It must be remembered that upholding the dignity of the courts is an essential prerequisite for democracy, the rule of law and the protection of human rights. Neither democracy nor the rule of law can survive if the dignity and authority of the courts are undermined. And that is why all the countries of the world have laws to protect the dignity of the courts, which provide for the punishment of the violators.

Along with that, it is also necessary to speed up the process of bringing Tarique Rahman back through the extradition law in the interest of the rule of law. Those who say that it is not possible because we do not have an extradition agreement with the UK, they are saying such things without knowing the relevant law. A few months ago, the former British High Commissioner in Dhaka also made the same wrong statement. According to the British Extradition Act of 2003, Bangladesh is also on the list of countries with which no treaty is required. Similarly, under the Bangladesh Extradition Act of 1974, an accused can be extradited from Bangladesh to the UK without the need for an agreement.

It is necessary to bring to the notice of the British authorities that Tarique Rahman is continuing such criminal activities one after the other, so that the British government can also take action against Tarique Rahman. How the unemployed Tarique Rahman is living a royal life in UK with many employees, using expensive cars, living in a palatial house in a very expensive area, sending his child to a public school with high salary, from where he is getting so much money, effective investigation is needed to find out the source and method of his money laundering. Those who are smuggling money out of the country, Tarique Rahman is at the top of their list, Tarique Rahman luxurious lifestyle is a big proof of that. So it is imperative to investigate all his crimes in the interest of the nation and the country.

Writer: Retired Appellate Division Judge

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