RAB, writ and nuisance

Afsan Chowdhury

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Does it really matter if the alleged RAB officials arrested for Narayanganj 7-murder case are tried, convicted and punished? The damage done to a variety of institutions, individuals and systems has been so bad and been going on for so long that long term recovery may simply not be possible. The remand, trial and scape-goating of Maya and his family members and a few others may seem like a sop to the public mind. Our governments created RAB to do their dirty work and are now putting on a charade of investigating and trying the very people they have encouraged to commit similar crimes in the past.

Over the years, thousands of public complaints have been made against RAB and its activities but have been duly ignored. Even today the government is defending RAB. That is because no government has ever opposed extrajudicial killings. That’s what RAB does anyway, as almost everyone will say. But this time the formal institutions of the State have been tarnished because the acts have gone public and the complainants belong to the ruling party and seven corpses in one spot are rather too dramatic to ignore even for a government. In the end, nothing can happen because without a RAB like extrajudicial powered agency, our government, the BNP or the AL, can’t survive.

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That RAB has been involved in extrajudicial killing is no secret and in fact many people support RAB because the everyday police have shown themselves to be incapable of managing law and order. And because the police can’t handle law and order, RAB was created, admitting that the state can’t function as a legal entity efficiently. If there is a crime, the state is saying, it can only be fixed through another criminal act only. In effect, the state itself has put on criminal garbs and it’s better to describe us as a ‘criminal state’ with democratic pretensions. What do you call such states?

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Extralegal, extrajudicial, extra-democratic, extra-constitutional… the list can be very long but it’s a fact that when a State tolerates extrajudicial killing by its own law and order bahini, it can’t claim to be a State of  law and order. When that happens, it’s just not the state which becomes extralegal, but the culture of a legal life dries up and society in general treats it as natural. Those who sponsored the Narayanganj killings, whoever they may be, took a calculated risk. Since the government doesn’t touch RAB and if they are ready to turn mercenaries, then why not use them? Obviously, it was worth it and that is why, it’s so serious. The Narayanganj killings show how deep the RAB chetona has replaced the Muktijuddher chetona.

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So why should it surprise us when the PM Sheikh Hasina says that writ petitions are a nuisance and coming in the way of the work of the judiciary? A writ is a universal recourse of relief for everyone in the country and to describe those as ‘nuisance’ is a reflection of the normative attitude towards judicial life today. To be dismissive of this fundamental right, which is the right of last judicial resort, is scary indeed.

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The Naraynganj-7 murder has shaken Bangladesh as few events have in recent history. It’s not the number of corpses, not the way the corpses were found, and certainly not the identity of the killed but the fact that the accused are from the supra legal RAB, almost officially invested with impunity, make us cringe in fear. The fact that members of the armed forces, put on duty to act as law and order managers have turned rogue and become hired hitmen have serious implications. Who is the physical guardian of our sovereignty then?

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If 4000 members of RAB have been officially punished in the last few years for criminal acts — not the usual killings for which they appear to have impunity — it’s an ominous sign. After all, the primary role of the armed forces is to protect the country and not play super cops and by becoming identified as rogue elements, they have become questionable as guards of national sovereignty. Of course, many people are corrupt when given power, and one of the best ways to prevent corruption is to ensure they are isolated from the general public which can lead to such money– for hire roles. It’s a dangerous situation because now many can be bought, so who will they defend the country from if they are up for sale?

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Let’s face the fact that rights of the people don’t bother any politician and the people who can give birth to RAB and make sure it continues its ‘work’ have other priorities than human rights. But why is RAB being made a scapegoat when it was devised by our politicians not just to create a reign of terror but what has turned out to be a weakening of Bangladesh. It doesn’t matter if we have no enemy which we can take upon but at least it’s got some responsibilities. But what is the image of our armed forces today? That may be a much bigger price that has been paid.

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But what happens in the end where such acts have become commonplace. The arrested commander of RAB has said that he did nothing and blamed the media for all his troubles. Clearly the individual doesn’t matter much and most probably no case can ever be proved against any of them. RAB can survive with 4000 acts against law and a few more will make no difference but it seems that the government, RAB and all else will now turn towards media and try to reduce its clout. The PM has already hinted at that. After all, it’s not the three pillars of the state which the government cares about which can be bought or bullied. Media has grown through its position on public policy implementation and human rights. That’s why an attack on media freedom is almost certain.

Source: Bd news24