Tue, 13 May 2025
The Daily Ittefaq

Harassment in the Courtroom and the Rule of Law

Update : 30 Apr 2025, 10:01

The court premises are regarded as a sacred space for seeking the protection of the law. When individuals who are under trial and in police custody are subjected to humiliation, abuse, or physical attacks in such a space, it is not only a matter of concern but also a blow to the very essence of the rule of law.

Scenes like these are not uncommon in many developing countries, where ordinary citizens—and even lawyers—express anger, hurl insults, or use abusive language when high-profile or political figures are brought to court.

At times, they even resort to physical violence or threats thereof. No matter which government is in power when such incidents occur, they are enough to weaken the foundations of the rule of law.

Ensuring the safety of an accused person in police custody is a primary responsibility of the government and law enforcement agencies. If that safety is compromised during court transfers, and the accused becomes a victim of public outrage or assault, it constitutes a clear violation of legal rights and human rights.

An accused person is presumed innocent until proven guilty in a court of law. It is therefore essential to treat them with dignity and ensure an environment conducive to a fair legal process.

Furthermore, when an accused is gripped by fear or terror, it becomes difficult for them to participate meaningfully in their legal defense. In many cases, even their lawyers may feel unsafe, which ultimately hampers the delivery of justice.

Needless to say, taking the law into one's own hands or attempting to influence judicial proceedings can never be justified. Establishing the rule of law requires patience and faith in legal procedures.

If such incidents lead to the injury or death of an accused, it damages the country’s global image. In today’s world of interdependence and the “global village,” such a scenario is highly undesirable.

A continuation of these events will not only erode public confidence in the legal system but may also usher in disorder and anarchy in society.

To prevent the recurrence of such incidents, airtight security arrangements must be made during the transfer of accused individuals to and from the court, and any form of chaos or disturbance must be strictly controlled.

Secondly, legal action must be taken against those responsible for such acts, regardless of their identity. When such unfortunate incidents happen even to former ministers or political leaders in developing countries, the question arises: where does this end?

Many of them are elderly or physically unwell. In countries where extortion and land-grabbing are already rampant, if similar lawlessness extends into court proceedings, it is only natural for the public to feel deeply anxious.

Moreover, in countries where political change comes through mass movements or uprisings, citizens must respect the spirit of that change. But if such unpredictable and violent incidents continue, hopes for peace and stability become futile.

Ordinary people long for peace, relief, and stability. If instability persists, the call for further change may rise again—because we must remember, there is no end to change.

As an English proverb goes, "Today is not a last night." In Bangla, we often say, (These are not the only days—there are many more to come). Therefore, for the sake of peace and prosperity in society and the state, we must always remain prepared to uphold the rule of law and justice.

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