Combating the crises of mob justice and state overreach

In recent weeks, Bangladesh has witnessed a disturbing rise in mob justice, as segments of society have begun to take the law into their own hands. This alarming trend, worsened by a weakened law enforcement apparatus, reflects a growing disregard for the rule of law and the authority of the country's fledgling interim government. The implications are profound, suggesting the nation might be teetering on the edge of chaos.

Equally concerning is the surge of lawsuits targeting former members of the deposed autocratic regime. As media reports and government officials have pointed out, many of these lawsuits are demonstrably fictitious, aimed more at imprisoning the accused than at pursuing justice. Many of those charged have been detained without due process. These actions sharply contradict the government's commitment to break away from the repressive practices of the past.

Together, these crises -- escalating mob violence and the erosion of legal norms -- pose a significant threat to Bangladesh's fragile democratic aspirations and the interim government's path to success. The juxtaposition of unchecked street violence and state overreach signals a volatile political landscape, one that could derail any hopes for a smooth transition to democratic governance.

In response, the interim government has called on the public to refrain from mob justice, urged law enforcement to avoid arbitrary arrests, and formed committees to investigate baseless lawsuits. At the same time, it has granted magisterial powers to military officers to restore order -- understandably it is desperate bid to contain the situation. But instead of resolving the crisis, such measures may deepen the political and legal quagmire, making the road to democratic governance even more perilous.

The interim government undoubtedly faces a monumental task. It must reform multiple sectors to create conditions for a free and fair election to pave the way for a political government to assume power. However, the lynching of dozens of citizens, including incidents at leading universities, cannot be tolerated under any circumstances. The government's failure to curb mob violence underscores its inability to fulfill its most basic responsibility of maintaining law and order.

To halt the wave of mob justice and restore the rule of law, the interim government must take bold, structural, and forceful steps. Mere appeals to the public and superficial instructions to law enforcement will not suffice. At the same time, the government must resist donor-driven reforms that often serve parasitic external agendas rather than the genuine needs of the recipient nation.

Both issues -- mob violence and state overreach -- highlight the institutional failures under the previous autocratic regime. Every institution, whether the civil service, judiciary, banking, finance, or media, was politicized to serve the regime's vested interests. Of all these failings, the collapse of the police force has been the most devastating. In their disgraceful service to political masters, the police committed horrific acts, including brutal repression, and killing of protesters in a supposedly free nation.

It is little wonder, then, that dozens of police stations were vandalized and set ablaze by the angry masses, and that many police personnel now fear for their lives. The interim government faces the daunting task of reforming a deeply demoralized and criminalized police force, while also relying on it to maintain law and order.

Suggestions for overhauling the police have been pouring in, both domestically and internationally. However, this commentator believes the core solution lies in stripping the police force of their unchecked power to arrest without immediate justification. In a truly democratic society, no one can be apprehended from their homes or properties without a court-issued warrant.

The interim government must embrace a fundamental legal principle that embodies that liberty from imprisonment is central to the freedom safeguarded by due process. The leaders at the helm of the government must understand that any form of government detention, unless conducted with proper procedural safeguards or justified by necessity, is a violation of due process of law.

This historic concept of due process was enshrined as early as 1215 in the Magna Carta, which declared that "No freemen shall be taken or imprisoned... except by the lawful judgment of his peers or by the law of the land." This principle has since been echoed in the Petition of Right in 1628 in England and the Fifth Amendment to the U.S. Constitution in 1788.

In each case, due process acts not merely as a guarantee of liberty, but as a safeguard against unjust deprivation of liberty. It mandates that executive powers be held accountable, ensuring no individual can be detained without the oversight of an impartial body, such as judiciary.

The relevance of due process in today's Bangladesh cannot be overstated. If the interim government is serious about upholding the fundamental rights of its citizens, it must embed this principle into the nation's legal and constitutional framework. The police must be stripped of their power to arrest individuals based solely on private complaints. Their arresting power should be limited to cases involving ongoing or probable criminal activities.

Criminal cases should no longer be filed at the discretion of the police. Instead, state-appointed -- and eventually elected -- attorneys should evaluate complaints and seek arrest warrants from the courts when substantial evidence exists. Let the office of the attorney general handle the responsibility of filing all criminal cases throughout the country. Ordinary civilians can file civil cases on their own. 

This shift is not only a legal necessity but a moral imperative for Bangladesh to secure a democratic future. Without these crucial reforms, public confidence in the justice system will continue to erode, opening the door to lawlessness, mob violence, and unchecked police brutality. The interim government must seize this moment to lay the foundation for genuine democratic governance or risk further descent into lawlessness and authoritarian rule.

Dr. Dowlah is a retired Professor of Economics and Law in the United States. Currently, he serves as the Chairperson of the Bangladesh Institute of Policy Studies www.bipsglobal.org