Dhaka,  Friday
01 November 2024

Arrest, prosecution and trial must be impartial

Editor, The Daily Messenger

Published: 08:14, 15 August 2024

Arrest, prosecution and trial must be impartial

Photo : Messenger

It is a fundamental right of every citizen to get speedy and public trial in an independent and impartial court or tribunal. And the prerequisite for a proper trial is a fair and impartial investigation.

Unquestionably justice is impossible without an unquestioning impartial investigation. Investigations primarily reveal the nature of the crime and the criminal. However, the investigation does not mean that the crime is proved. Neither is anyone convicted. The inquiry is for the judge to determine the elements of the crime in question. Based on the investigation, a judge initiates the judicial process. Therefore, it is essential to ensure transparency, impartiality and due observance of the law in the investigation process. Proper and fair investigation can play a very important role in ensuring justice.

The reality is that law enforcement agencies' investigation procedures and processes are questionable for various reasons. Due to poor investigation the accused is deprived of justice. The real criminal gets out through loopholes in the law. Again, the innocent person faces trial and is oppressed. Sometimes, instead of one, the other spends his life in the dark cell of the prison. One of the reasons for this may be the tendency to easily complete investigations. It is often heard in high court cases that the easiest method of investigation is to get the accused to plead guilty. According to the law, the accused can be convicted only on the basis of a confessional statement. Even if there is no other type of evidence. The condition is that the confession must be proved to be true and voluntary. Therefore, the main objective of the investigating officer is to remand the accused and extract confession. Even for this purpose he does not hesitate to choose unjust and brutal ways. Naturally, there is doubt in the public mind about the transparency of the investigation process.

Accused persons arrested by various law enforcement agencies including Police-RAB during the investigation of various high-profile crimes are presented before the media in various ways before they are produced in the respective courts, which is often undignified and unacceptable from a human rights point of view; And media briefings about the investigation of various cases are carried out with great enthusiasm. We must remember that until an accused person is found guilty on the basis of evidence at the end of the trial, it cannot be conclusively said that he is the real criminal or that the crime was committed by him. The court also said that it is not appropriate to present any arrested person in front of the media in such a way that his dignity and honor are lost and during the investigation i.e. before the filing of the police report, it is not appropriate to present any statement about the investigation process of the arrested person or the case in the media, which will affect the impartiality of the investigation. May cause controversy or question.

It should be remembered that many times innocent people also get involved in the case. One is a victim of events and circumstances. Some are also victims of conspiracy. By nature, every human being has honor and dignity. As human beings, everyone has the right to be treated humanely and fairly.

Messenger/Fameema