On when judges become the enemy
of democracy and the people
In an earlier article I expressed my distaste for the Acting Editor of Amar Desh,
It is my opinion that of the two mediocrities it is the judges on the Supreme Court who has committed the graver offence by placing themselves above the law and the Constitution. There seems to be no legitimate restraint on the higher judiciary or any avenue for constructive criticism of their rulings nor any redress for their excesses and certainly no possibility of their being held accountable. The foundation of the courts is no longer based on law but purely on political expediency and the whim of the Prime Minister. Let us not be fooled but the Supreme Court is now merely an instrument of executive power and therefore a threat to both democracy and the people. While the judiciary had in the past been the protector of the fundamental rights and liberties of the citizens this Supreme Court is a usurper in that it has unilaterally accorded itself the means to subvert the true meaning of the Constitution (however flawed an instrument) and undermining the rights of the people of freedom of speech, expression and association. Many other rights are likely to be taken away in the coming months simply through legal fiat rather than executive order which had been the preferred tool of
The Supreme Court being an unelected body cannot make law which is the sole prerogative of Parliament but that is exactly what the court has been doing in the last few months as it impulsively strikes down one Constitutional amendment after another. The courts function is limited to interpreting law and not to annulling laws and constitutional amendments that were validly passed by Parliament. In doing this the court has now become the de-facto supreme law-giver as it now holds more power than even Parliament which is the elected body assigned by the Constitution to do this particular job. Simply put the Supreme Court acting in excess of its powers accorded to it by the Constitution is a threat to both democracy and the people whose rights are now being gradually eroded through legal technicality rather than by open political debate and discussion. The Human Right Commission Chairman Prof. Mizanur Rahman was absolutely correct to lament that the Rule of Law does not exist in
Sohail Taj
(Now a postgraduate student of
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