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Tuesday, December 24, 2024
Founder : Barrister Mainul Hosein

Case of Bangabandhu`s picture must be judicially enquired before punishing anybody

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Editorial Desk :
Bangabandhu’s picture incident needs investigation first before punishing police or the District Magistrate. It is evident that there was tremendous political pressure both on police and the court. Political pressure on lower courts though not desirable it happens. The truth is that using police power for politics is another reality that must also be blamed.
Defamation case cannot be filed by everybody. If Bangabandhu was defamed no local political leader was in a position to bring a defamation case against the UNO for using the picture drawn by a child. The law of defamation has to be stretched too far to allow anybody to file case for defaming Bangabandhu. But no defamation was meant by the child whose picture should be seen the child’s expression.
There is another side to the defamation case that is greed. The defamation case was filed for damages of Taka four crore against the UNO. Defamation for damages is a civil matter, so no complaint case was to be entertained, the case not being criminal defamation.
As the case about Bangabandhu’s picture was filed by an eminent local Awami League leader who is also the president of the District Bar Association, we have to think of the consequences for Chief Metropolitan Magistrate if he had tried to put on a finer point on law to refuse the complaint case. He would have been blamed for being disrespectful to Bangabandhu. Only the close relatives of the dead person can have a case for defaming a dead relative.
We are surprised to believe that an eminent lawyer did not know the law. Cheap politics got better of him. It is sad.
So the CMM, Barisal just obliged the leader of Awami League and when the UNO presented himself before the court he could not release him immediately on bail.
The circumstances were so created that it would not have been safe either for the UNO or the judge if the UNO was given bail instantly. But after some time he was set him free on bail. The judge was aware of the heat of politics and political pressure. It is also not unknown to him how sensitive the issue is to Awami League leadership at the top.
For Prime Minister Sheikh Hasina, she has a lot to do to put politics of her party right. Sycophants are not politicians and they must be kept at a safe distance.
The complainant is a lawyer of considerable eminence and one wonders how could he claim Taka four crore as damages for defaming Bangabandhu. Who is he to get damages? He saw an opportunity to extort money from the UNO. We do not know what was in his mind.
There was strong reaction among the officials for harassing the UNO and the Prime Minister also reacted to take a reasonable view about the picture drawn by a child. Things then started to change. Now everybody talks about punishing the police and the CMM, Barisal for encouraging illegality. The nature of local politics everywhere should be brought under scrutiny. Politics is not greed and extortion.
The whole episode cannot be explained without understanding the kind of politics prevailing in the country. Locally political leaders and police work together to be all powerful. The local police must obey the orders of local leaders of the government if they have to keep their job. Such cooperation is also helpful to both sides for their mutual gain.
The Supreme Court must hold an enquiry and call the Chief Metropolitan Magistrate, Barisal to know what has happened. The reality of politics has to be kept in mind. Harassing the UNO is unacceptable and harassing judge will be demoralise for the judiciary.
The Awami League leader who moved so illegally to exploit Bangabandhu’s name is liable to answer many questions. Many who know how our politics is going would like to see change in politics.

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