Rule of law or the will of some?

For the sake of argument, let's just say that the information published in newspapers is correct, that police officer Babul Akhter was behind the gruesome murder of his wife Mitu. If so, by law he should be arrested without delay, charged with murder and brought to book. The court will determine his punishment for the crime, if he has committed it. 

And the police have an important role to play in this process. The police are supposed to investigate the murder case to unearth the motive behind the killing, as well as those who were involved with it. Then they will submit a charge sheet to the court against the accused, paving the way for justice. Babul Akhter must be allowed to defend himself before the court, as he, like all citizens, enjoys the constitutional right to do so. And this is the rule of law. 

But, what has been happening centering Babul Akhter is a contradiction to the rule of law. Babul has been asked to resign from the police force to protect himself. And if he does not do so, he will find himself in jail on a murder charge, according to media reports based on sources inside the police administration. This hints at a negotiation between Babul and some senior police officials. If Babul resigns, will he be spared from the charge, even if he has actually masterminded the murder of his wife? If this is so, the police will be accused of protecting the mastermind of a murder in a planned and deliberate way. 

SP Babul Akter is taken in police custody for questioning in connection with killing of his wife in Chittagong June 5. He was picked up from Khilgaon, Dhaka, last night. In the undated photo, the police official with his wife and children poses for a photograph. Photo: Star/ Collected

Even if the police establish Babul's involvement in the murder, they cannot force him to resign using it as a bargaining weapon. The police do not have such jurisdiction and any such action is unlawful. Babul's fate must be decided by the court. If found guilty and convicted, he will automatically be unfit to hold his job in the police force. 

If there is any action the police can take before the conclusion of the trial, once Babul is accused of the crime, it can suspend him through a departmental action on the condition that he would remain suspended until he is cleared from the charges. 

But by putting pressure on him to quit the job, some police officers have taken the law in their hands. They made the law subject to their will. This is completely against the spirit of the rule of law. Police officers who have unlawfully pressurised Babul should face departmental action for breaching the discipline. 

Until yesterday, Babul was not made accused in the case filed in connection with the murder of his wife. He was picked up and taken to the DB office on Friday night, where he was kept for 15 hours for "interrogation". He was sent back to the home of his father-in-law in Dhaka, where he has been staying after the murder of his wife on June 5 in Chittagong. 

Initially, the home minister said Babul was taken to the DB Office for interrogation and later he said he was taken there to identify suspected killers of his wife. The way he was picked and interrogated at the DD office has triggered many questions. In the last one week or so, newspapers and social media have been flooded by reports and discussions on this. None of the reports and discussions has served to brighten the image of the police. 

Chittagong's Police Commissioner last Saturday spoke at a press conference, focusing on the statements of two suspected killers, who were said to have been paid to murder Mitu. But the Police Commissioner did not say who hired them. The police headquarters maintain their mysterious silence, despite the inundation of media reports and discussions. 

Babul has also remained silent, as his close relatives claim that he has been asked by the police not to speak. The question has also been raised that whether Babul, who is known as a brave officer for his role against militants, is being made a victim of internal politics within the police administration. 

Police play an important role to uphold the spirit of the law by enforcing it effectively. For its significant role, the force is called a 'law enforcement agency' of the government. Yet, the mysterious developments surrounding this murder case is in no way healthy for the rule of law or the agency responsible for enforcing the law. 

If Babul Akhtar has any link to the murder of his wife, he must be brought to book and there should not be any negotiations with him. If he is innocent, no one in the police force should be allowed to make him a victim of personal conflicts within the force, and the police headquarters must stand by Babul. In this scenario, the police chief should formally explain what is really going on without giving space to further damage the image of his force.