Bail Is a Constitutional Human Right, Say Legal Experts and Rights Activists

❐ Special Correspondent

Bail is a constitutional right that allows an accused person to be granted temporary release on a conditional basis. It is an important part of the judicial system, where the court makes decisions based on the nature of the crime, the age of the accused, his conduct and other relevant factors. However, in recent times, legal experts and human rights activists have been questioning the impartiality and effectiveness of the judicial system in cases where bail is not granted. Human rights are being violated as the government controls the judicial system.

Manzil Morshed, a senior Supreme Court lawyer and president of human rights organization Human Rights and Peace for Bangladesh (HRPB), said that various factors, including political influence, the management of the judiciary under the Ministry of Law, and the influence of party lawyers, are playing a role in the current lack of bail. According to him, many accused are being deprived of bail even for bailable crimes or even if they have not committed any crime, which is against human rights.

He further said that every person has the right to get bail. But due to mob culture and political influence, justice is not being ensured through the courts in many cases.

According to Article 35 of the Constitution, no one shall be held guilty until proven guilty, and every accused has the right to a speedy trial by an independent and impartial court. In addition, sections 496 and 497 of the Criminal Procedure Code identify bailable and non-bailable offences.

According to the law, the court can consider the age, physical condition, gender, seriousness of the case, possibility of influencing witnesses, and the social status of the accused while granting bail.

ZI Khan Panna, chairperson and senior lawyer of the Ain O Salish Kendra (ASK), said, “Bail is a human right. There are many cases in which the accused are not involved, but they are detained for years. This is a direct violation of human rights.”

He also said that despite the legal provisions to grant bail to the accused considering their age, illness, women and children, it is not being implemented in practice. This is destroying the public’s trust in the judiciary.

Citing an example, he said that a rickshaw puller who came to offer flowers to Bangabandhu’s portrait in Dhanmondi on August 15 was also sent to jail in a murder case. According to him, the silence of the judiciary in these incidents is worrying.

On the other hand, a recent report by Human Rights Watch (HRW) has mentioned that the current government continues to use arbitrary arrests and detentions to suppress opponents. The report also says that there are not enough initiatives to protect the rights of ordinary people, but rather the abuse of the Special Powers Act continues to suppress political opponents and minorities.