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Sub judice matters not for public discourse

None is above the law


Published : 28 Aug 2023 09:56 PM

Nobody, whether a government official or the government, is above the law. 

The fundamental principle in preserving the rule of law is that all people are ruled by the law.

On August 20, a full bench of the Appellate Division cleared the way for the criminal case to continue against Grameen Bank founder Dr Muhammad Yunus and his co-defendants by rejecting a petition to prevent the case from proceeding. The trial commenced two days later. 

According to case documents in the public domain, the Department of Inspection for Factories and Establishments (DIFE) visited Grameen Telecom and uncovered various violations of the labour law. They said 101 workers were supposed to be made permanent, but were not. Workers' and welfare funds were not constituted. Additionally, 5% of the dividends of Grameen Telecom was supposed to accrue to the workers, but that didn't happen, the case filed by the DIFE against Dr. Yunus in September 2021 alleged. Dr Yunus chaired the Board of Trustees of Grameen Telecom, which is registered as a trust. 

The others accused in the case are his fellow trustees Ashraful Hasan, Md Shahjahan and Noor Jahan Begum.

Former US President Barack Obama has written a letter of support for Dr. Yunus expressing his hope that the Nobel Peace Prize-winning economist can continue to do his important work. Also, 34 eminent citizens of the country expressed deep concern over the government’s motives through a series of recent developments that have gone against Bangladesh's first and till now only Nobel laureate, in a case filed with Dhaka's No.3 Labour Court. 

In a statement circulated to news outlets, the group of concerned citizens called upon the government to stop all sorts of harassment against Dr Yunus. It notes his lawyers' contention that the allegations brought in the case are civil in nature, yet the government has pursued a criminal case.

"The government’s role in disposing of the case with abnormal haste has become evident recently," the statement said. It also alleges that Dr Yunus has already been subjected to harassment in the case. Harassing him in the garb of legal and administrative measures is hampering his work and sending a negative message to the world, the statement adds.

The eminent citizens who signed the statement are not ordinary people who can make mistakes.  They are considered as well-known, respected and distinguished people from the general public of this society. However, when a matter is pending before the court, it is the duty of responsible citizens not to comment on the matter. The matter pending before the courts should be decided by the courts only without any sort of interference. Hence, through circulating a statement in favor of a person who is subject to criminal litigation, these eminent citizens have violated the norms of law.

If a child is afraid of the dark, it can be forgiven. However, the real tragedy of a nation starts when its people are afraid of light.

We can have our opinion, and we have all the right to express our opinion in all matters. Our Constitution ensures these rights. However, commenting on a matter to be decided by the courts amounts to disrespecting courts. If such an attempt is taken by the so-called eminent citizens of this country, time has come to think again where we stand after over 50 years of our Independence.