Column by Mahfuz Anam: Our new CJ Obaidul Hassan's call to fight graft is urgent, crucial and enthusing
In his first media engagement, our just-appointed Chief Justice Obaidul Hassan expressed his determination to fight corruption, "Corruption is like cancer. There is corruption to some extent in every sector. It cannot be said there is no corruption or irregularities even in the court premises."
We congratulate the chief justice (whose term starts from September 26, the day on which he will take his oath) for his forthright identification of one of the main issues of concern for Bangladesh's future. He has correctly characterised corruption as "cancer" and talked about how it has spread to various sectors of the society. We applaud his unambiguous declaration that "there is zero scope for compromise with any corruption and misdeeds." His hint that the court premises are not free of this "cancer" indicates his courage to be frank and admit to the weaknesses in his own backyard.
Nothing threatens Bangladesh's remarkable growth and its sustainability more than corruption. There is corruption at the lower echelons of the society and at the higher levels, too. However, there is a crucial and all-encompassing difference. Lower echelons' misdeeds cause harm to a limited extent and are, of course, harmful and must be eradicated. But it is the higher level of corruption that threatens our future. It subverts the purpose of the law, distorts processes, debilitates institutions, destroys the morals of functionaries and, taken together, jeopardises our very future. Our current economic gain, for which significant credit is owed to our prime minister, stands threatened by corruption from the higher levels.
You have so correctly categorised corruption as "cancer," and like cancer it is spreading. It is sad but true that very little can be done in our beloved country without indulging in corruption. It is now systemic. And it is against this systemic phenomenon that your fight against the "cancer" has to be directed.
Those corrupt at the higher levels start by subverting the purpose of the law. While the law's magnificent ethos is to serve justice, those in high positions use it to serve privilege. While the common people revere the judiciary, the rich find loopholes in the law and hire the best of minds as staff to serve their vested purpose. Legal assistance then follows. Thus, the biggest crimes are committed camouflaged under the veneer of legalese.
Income tax is a good area to study, which will reveal some stunning realities. Then comes the culture of defaulting at banks. It has been allowed to grow under the very eyes of all the legal monitoring bodies. Even when they did point out flagrant violations of banking laws, practically nothing was done. In fact, procedures were relaxed to accommodate the rich and the powerful to further default. When very little came out of that, the conditions were relaxed even more. The story went on and the aghast depositors – the real owners of the banks – were made helpless onlookers. Who will speak for them but the independent media and the guardian of all laws, the judiciary?
Money laundering is another area where the rich and the powerful tread. According to Washington, DC-based think tank Global Financial Integrity (GFI), Bangladesh lost, on average, approximately $8.27 billion every year from 2009 to 2018 due to trade misinvoicing. To this, if we add the amount for the last five years, the conservative estimate will be an additional $43.5 billion, making for a giant total loss of $126 billion since 2009. This, in a struggling country like ours. It is like an individual working his guts out for a decent living and someone else sucking his blood out. Can that person ever retain strength, regardless of how hard he works? The same is the case for a country. However much economic progress we make, if there is such large-scale money laundering, our Shonar Bangla for all will only be "Shonar Bangla" for some. But have we heard of any significant investigation into finding out how and when these crimes against Bangladesh occurred? And who is committing them? Have we at least heard of any changes in our laws that will help to prevent the nation-destroying practice of money laundering? Have we heard of any attempt at identifying the owners of villas and luxurious homes in Malaysia, Canada, Dubai, Singapore, and the US, whose affluence could not have come but from massive money laundering?
Without the wholehearted and unabating support of the state machinery, the fight against corruption will almost be impossible to win. The truth is that the very "heroes and superheroes" of corruption have made deep and influential inroads into that machinery which, ironically, is paid for by the taxpayers.
Honourable chief justice, the determination that you have expressed in fighting corruption – the expression of which has greatly enthused the people of the country and us, the media – will require the full force of the judiciary, especially of the higher judiciary and of your esteemed office. Once people know, internalise, and gain faith that the chief justice, along with the whole judiciary, is determined to eradicate corruption, Bangladesh will definitely win.
You have so correctly categorised corruption as "cancer," and like cancer it is spreading. It is sad but true that very little can be done in our beloved country without indulging in corruption. It is now systemic. And it is against this systemic phenomenon that your fight against the "cancer" has to be directed.
And it is here that we, from the media, would like to extend our full support. As you said, "I learnt from the newspapers that the high court order has been falsified by forging signatures of two judges of a high court bench." This is but a small example of the assistance we can extend to the judiciary. The whole media, if supported, can provide fully authenticated reports that will help your fight – which is our fight and the nation's fight – against corruption. We will be the first to admit that there is corruption within the media too, but that should not deter us. For there are enough truths in media reports that can truly make our fight against corruption effective.
An independent judiciary is crucial and indispensable for democracy. This is the most vital institution that can ensure justice, rule of law, and the rights of all citizens. But the judiciary needs an independent media to truly serve its mission. It is the latter that assists the former by drawing its attention to all the instances of corruption, abuse of power, cronyism, nepotism, violation of fundamental rights, etc. But the media also needs the judiciary. The media's "watchdog" role is primarily focused on the executive, who have all the powers to "punish" the media for playing its role. This is why the independent media needs the judiciary to stand by it – as long as the media reports are authentic – and give it the protection that the constitution guarantees it.
Honourable chief justice, we are fully behind the judiciary in fighting corruption and serving the nation.
Mahfuz Anam is the editor and publisher of The Daily Star.
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