[mukto-mona] Chief Justice's remarks re:irregularities in judiciary & the US State Report/07

The Chief Justice, M Ruhul Amin, remarked that the irregularities in appointment of judges in the past would need at least 20 years to remove (Quoted from his speech at the reception given by Noakhali Bar last year). He also said that there is no scope of indiscipline in the judiciary. A judge must be prudent and he must follow the code of conduct. His observation was a revelation for many but informed people have witnessed turmoil in the Supreme Court in the past few years. The present government is seriously considering options for restoring the image of the higher judiciary which has been tarnished in the past few years through acute politicisation and appointments of judges with lack of qualification or competence.

 

The US State Department's Country Reports on Human Rights Practices  - 2007 

released by the Bureau of Democracy, Human Rights, and Labor on March 11, 2008 clearly mentioned in the paragraph of Denial of Fair Public Trial:

The law provides for an independent judiciary; however, in practice, a long-standing temporary provision of the constitution placed the executive in charge of the lower courts, judicial appointments and compensation for judicial officials. The caretaker government implemented legislation developed by the previous government separating the judiciary from the executive.

The Appellate Division of the Supreme Court frequently overturned politically charged decisions by the High Court Division of the Supreme Court if those rulings went against the government. For example, the Appellate Division overturned several decisions granting bail to high-level corruption suspects. On several occasions when the Appellate Division upheld the High Court ruling to release a high-profile detainee, the person was re-arrested immediately upon release on a new set of charges. Corruption, judicial inefficiency, lack of resources, and a large case backlog remained serious problems.

The nation and international civil societies want to know the response from the Chief Justice regarding the observation of the US Department of State. If his observation was a revelation for many but informed people have witnessed turmoil in the Supreme Court in the past few years, then why now the same situation prevails under his courtship?

Gopal Sengupta from Canada on E-mail: gopalsengupta@aol.com

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