Gunfight; Judicial Killing?

Amin Al Rasheed

It is believed that crossfire or gunfight has served as an effective ‘drug’ to kill militants, criminals, robbers in Sundarbans, but this time, when a 15 years old teenager was killed in a so called gunfight in the capital, it gave a new thought.

Media reports said that a 15 years old teenager named Rakib Howlader was killed in a gunfight in the midnight of April 5, 2018 in the city's Wari. The senior assistant commissioner of Wari zone police Shamsuzzaman told the reporters about this incident is similar to other alleged gunfights. His comment, "Our patrol team went forward in the meantime while hijacking or preparing robberies. They attacked. The patrol team fired short gun. They shot the counter. Afterwards everyone ran away. After a while it was seen that one was shot. He is accused in a few cases. When asked about the age of Rakib, he said,"its matter of proof. His age may be 15, 16, 18 and even 20-years. "

This statement raises some questions:

1. Police said first, Rakib is a hijacker. Later, they said that he was the main accused in the case of Daffodil University's student Talha murder case.

2. Police initially claimed that he is 22 years, but the birth certificate from the family says he is 15 years old. Again the police officer said he could be 15, 16, 18 and even 20.

3. The 'criminals' were hijacking or preparing for robbery. That means police is not sure what they were actually doing.

4. How many were there? The police say that everyone escaped.

5. When did police know that Rakib is the main accused of Talha murder case? After the killing?

6. Everybody escaped, but there was a coincidence that the boy was killed?

7. Rakib's family said that the police had taken him two days before his killing. But his mother did not even meet the son in the police station several times. His mother is not lying, her video footage shows her screams. A mother does not lie with a child; even her child a big criminals also. So, in these equations, it is clear that this incident of gunfight is arranged like any other incidents and the police's commentary is also very traditional.

Even if this claim is correct that,  Rakib is the culprit and he is accused in the case of Talha murder or  he is a hijacker also, it is not acceptable to kill him in the name of a gunfight. Because it is said, children do not commit crimes. Rather they make mistakes. Under the laws of the country, they will not be tried in the existing courts. There are separate courts for his trial and correction needs more than he needs. Children can not be punished at the highest level. Even prohibiting their handcuffs. However, the police demanded the accused Rakib to be abducted and murdered, without facing any kind of trial and without giving him the chance to surrender, the highest penalty was given death penalty.

Everyone has the right to face justice. The constitution gives that right. So a top criminal also went out of the existing court and thus killing in a gunfight or crossfire is clearly a violation of the constitution. But the country's law enforces agencies are violating it every time.

The events of the crossfire or the gunfight in the country are nothing new. As a human rights organization ‘Ain o Salish Kendra’, 162 people have been victims of extrajudicial killings in the last one year. That means a person has died in less than 48 hours per crossfire or gunfight.

In fact, law enforcement agencies resorted to a gunfight or crossfire to eliminate listed terrorists. Especially those who do not get witnesses against the terrorists. Again, it is also difficult to prove crimes against whom. It is feared that the law enforcing agencies are afraid or can make great sabotage at any time - basically a trial is done by killing those criminals without trial. The story is arranged so that it does not fall in the face of legal challenge. But the problem is that the RAB or the police always tell the same story. As a result, people no longer want to believe in it. There really is a gunfight incident, but people think it's sorted out. This is the biggest harm to the law enforcement agencies. If people are question and suspect about the activities of these forces operating on public taxes, that also make big challenges in controlling overall law and order in the country.

It is said, sometimes it is difficult to produce evidence against a big criminal, and it is difficult to produce proof of evidence against them. It is said that the terrorists or militants, getting released on bail, are again involved in crime. Moreover, the present judiciary system is quite complex and time-consuming. As a result, many big criminals were killed in this gunfight or crossfire. In this way, trying to justify these extrajudicial killings is an attempt. But the question is the responsibility of law enforcement agencies to find them and collect evidences. Witness protection law is not passed yet. Criminals go out on bail, largely due to the weakness of the investigation. Depending on how well the investigating officer is capable, efficient and honest, the investigation will be like. So, there is no witness, the investigation report is weak on the plea of ​​killing someone without any trial - in that case the big terrorist and whatever age it is, it is clearly a violation of the constitution and the laws of the country.

Besides, not only criminals, many innocent people were also killed in the name of gunfight, crossfire or encounter because of political revenge and dealing money. After killing 100 criminals in crossfire, even if an innocent person is killed like this, it is a crime. For that reason, it is said repeatedly that there is a need for neutral and judicial investigation in each gun battle. But the law enforcement agencies are not interested on this type of investigation.

In fact, a gunfight or crossfire is called 'extrajudicial killings', but it has now become a ‘judicial killing’. The judicial process runs by the law enforcement agencies. They go out of the country's current judiciary and try alternate ways. If so, can it be said that the current judiciary system of the country is no longer working? Or there is no confidence in law enforcement agencies in the constitution, law and courts?

The question is whether crossfire or gunfight will continue? In a civilized country such killings can not go on forever. Now, it is trying to justify or legitimize this killing, but the reality is that any trial is to be visible. That is not the last word to punish the criminal on the basis of any crime. Rather, it is in the mind of people that this belief is born that justice has been done. So even after killing a criminal in a crossfire or gunfight, it gave rise to the question. Witness protection law has to be passed quickly. Investigation should be done by honest, capable and skilled officials. It is also important to ensure that there is no political pressure on the investigation. So the political will of the government is most necessary for stop extrajudicial killings. Therefore, instead of trying to eradicate crime in the guns, people need to be motivated to develop such a tolerant and human society and state, where extrajudicial killing will not be needed and nobody will try to justify it.

Amin Al Rasheed: Journalist and Writer