Mob Justice Opposes Good Governance and Rule of Law

 

After the fall of the government in the face of the mass movement, the trend of a group of people uniting in different areas to 'judge themselves' amid the 'inactivity' of the police, has created anxiety in the society, which has come to be known as 'mob justice'. The interim government has also expressed concern over the issue, and has also called for the law not to be handed over in any way. But there are not enough examples of quick legal action against those who are doing these things. According to crime experts, these incidents can create chaos in society, aversion to the rule of law and a 'passion for revenge' in the future. They say such incidents will destroy the judicial process. If people don't trust the justice system, they start doing 'mob justice' themselves, then what is the need of the justice system? For this reason, these overzealous activities must be stopped at any cost.

In fact, mob justice is a pejorative term, which refers to a majoritarian type of governance dominated by terror among the general population, where democracy or other legitimate and representative governance systems are more representative of the entire society than a civil process lack or loss exists. It is a degenerate form of democracy, just as imperialism can turn into totalitarianism or oligarchy. Literally, democracy is 'rule by the people', which legitimizes political power through the general will, rule of law and good governance. But mob justice is the 'public justice of disorderly mobs', i.e. those who display a malicious will when discussing political matters, which are confused and irrational and therefore lack self-governance and cannot fulfill the conditions necessary to be considered a people.

Recently two people were beaten to death in Dhaka and Jahangirnagar Universities on the same day. A group of students beat to death a young man suspected of being a thief in Fazlul Haque Muslim Hall of Dhaka University. And in Jahangirnagar, a former leader of the student organization of the previous government was beaten to death several times. These two incidents have caused intense anger across the country. The university authorities have already filed a case with the police in connection with the murder in Dhaka University and the police have arrested six accused students for their involvement in the incident. According to the information published in the media, one of them is a leader who resigned from Chhatra League, the political identity of the others was not found. On the other hand, some students including a coordinator of the anti-discrimination student movement and four leaders and workers of the Chhatra Dal are said to be involved in the Jahangirnagar University incident. In this incident, a coordinator of the anti-discrimination student movement has already been dismissed from the organization and the university administration has temporarily expelled eight students and formed a six-member investigation committee.

On the other hand, a youth was beaten to death for allegedly stealing a motorcycle in Khagrachari. As a result of this incident, there was a clash between hilly (Pahari) and Bengalis in Dighinala of the district. Before this, the former leader of Rajshahi University Chhatra League was beaten to death on September 7 this year. Moreover, the incident of harassment of some women in Cox's Bazar beach is also being criticized. It is known that recently a young man formed a group with a few companions and was arrested in the face of fierce criticism after posting a video on Facebook insulting women traveling alone. Earlier in Dhaka's Shyamoli, another person published a video on his Facebook ID of beating up some women suspected of being mobile sex workers.

These incidents have been recurring since the fall of the government on August 5 due to the strong mass movement of the students. The houses of the opponents are being attacked, shrines are being attacked, some of the students are seen going on 'volunteer raids' in various institutions and 'mob justice' is seen going on in various places after the fall of the government. Despite calls from the government not to take the law into its own hands, such incidents continue to happen. There is also criticism of teachers being harassed and forced to resign in educational institutions across the country due to personal preferences. Moreover, when some former ministers of the previous government were brought to court, a group of angry lawyers attacked them. Protests have led to many incidents of assaults on accused persons in front of the police in court, a trend that has, however, reduced somewhat. However, such undesirable events through lawyers in the court premises are not desirable and acceptable in any way.

In fact, if any incident happens somewhere, there is a common law, administration, and judicial system for it. If everything is according to the law, stability will be maintained in the society, peace and order will be restored. Going beyond the law is never a desirable situation. Anarchy in the name of 'mob justice' is never an acceptable solution. The matter came up in the meeting of the chief adviser of the interim government with the student representatives of various universities and colleges on September 8. After that discussion, the Special Assistant to the Chief Adviser said in a press briefing, “The government's stand on mob justice is very clear. It cannot be allowed to happen in any way.…If someone commits a crime, there is no opportunity to take the law into one's own hands.” In his address to the nation on September 11, the Chief Adviser said that if you take the law into your own hands, you will be punished. He said, “No one should take the law into their own hands. If someone takes the law into his own hands and creates a chaotic environment in the society, we will definitely bring him to justice."

Basically, rule of law means that no one is above the law, everyone is under the law. In other words, everyone is equal in the eyes of the law. The rule of law is the provision of equal rights to all citizens under the law. Equality in the eyes of the law means equal protection of the law irrespective of caste-religion-caste-gender-occupation. As a result, the rich and the poor, the strong and the weak all get equal rights. If the rule of law prevails, the government will refrain from abuse of power and the people will obey the law. The importance of the rule of law is immense. If there is no law, lawlessness is created in the society. Civil liberties, democracy, social values, equality are nothing if rule of law is absent. Rule of law is essential for establishing equality, freedom and fundamental rights.

Another important element of good governance is the rule of law. It is the most necessary and legitimate instrument of a state. The rule of law plays the most important role in ensuring human rights. There should be rule of law in every sphere of administration. Arbitrary power and domination are checked through law. The law must be impartial. Governance is good or good governance when the government benefits the socially vulnerable population. Transparency and accountability are key elements of good governance. It depends on government transparency and rule of law. Good governance is established through accountability. Accountability is necessary not only in government institutions but also in private institutions and civil society. Accountability plays an important role in reducing corruption and promoting political development.

Through the rule of law, a good relationship between the ruler and the ruled is created. The government became stable and peace was established in the state. In its absence, distrust, agitation and revolution become inevitable. And chaos, unrest and strife weaken the strong foundations of society. In society, the difference between rich and poor, strong and weak takes an obvious shape. Therefore, the rule of law is essential for social equality, civil rights, democratic society and stable governance. Rule of law is the standard of a civilized society.

Amid the spate of attacks and vandalism at shrines across the country, a message from the Office of the Chief Counsel on September 14 said, "those involved in these attacks will be brought to justice as soon as possible". Actually mob justice can never bring anything good. The one who is suffering now will wait for another opportunity in the future. A mob begets more mobs. If there is a complaint against someone, legal action can be taken against it, but taking the law into one's own hands without going to the place is not at all acceptable, rather it is contrary to the rule of law.

Attacks, murders, disappearances, fake cases, extrajudicial killings in the name of crossfire, etc., were discussed during the previous autocratic fascist government and the judicial system was also allegedly run at the behest of the previous government. Because of this, there has been a public outcry after the resignation of the government and many want to take the law into their own hands. However, the victims have urged to take action on mob justice on an urgent basis. As in the case of Dhaka University, the people concerned should be brought under the law quickly and many believe that no one will dare to take the law into their own hands. In any way, we should avoid mob justice, because it is against good governance and the rule of law.

 
Md. Zillur Rahaman is a
banker and a columnist.