Freedom of judiciary eludes nation
Legal experts have observed that the people are yet to get benefits of separation of the judiciary
The separation of judiciary enters the fourth year of its functioning today. The last caretaker government on this day in 2007 separated judiciary from the executive.Legal experts have observed that the people are yet to get benefits of separation of the judiciary as there are still some shortcomings in the way of making the judiciary independent and efficient.
They underlined the need for removal of all barriers in the way of establishing independent secretariat of the judiciary to make the separation of judiciary meaningful.
Former Adviser of the caretaker government for Law and Justice Barrister Mainul Hosein played the key role in implementing the long cherished demand of the nation. On December 2, 1999, the Appellate Division of the Supreme Court had issued a 12-point directives for separation of the judiciary from the executive, giving a six-month time to implement it.
Earlier in 1995, the General Secretary of Judicial Officers' Association Masdar Hossain along with 441 judicial officers filed a writ petition with the High Court in this regard.On January 16, 2007, the then caretaker government took initiative to separate the judiciary from the executive and made a gazette notification in this regard.
Barrister Mainul Hosein told The New Nation yesterday that the objective of separation of judiciary is yet to be fully achieved because of non-completion of some related activities."We wanted independence of the judiciary because without this democracy is not safe. The law passed to separate the judiciary from the executive is not enough. So, we took the initiative for forming a Supreme Judicial Council and initiated the enactment of a law for the purpose. But the proposed law is yet to be passed," he said.
In the absence of a Supreme Judicial Council the appointment of judges are being made on partisan considerations, which is not congenial for the independence of the judiciary, he noted. "Again, we wanted the Supreme Court to have its own secretariat and enjoy financial freedom. But these have not been established. We also wanted a system of appointment of State Lawyers,' who would not change with the change of governments. But lawyers continue to be appointed afresh every time a new government is elected to power," Barrister Mainul observed.
"The separation and independence of the judiciary is thus yet to take a complete shape," he added.
Supreme Court Bar Association (SCBA) President Khandker Mahbub Hossain yesterday told The New Nation that the judiciary was separated but in practice it is still being controlled by the executive branch.He demanded restoration of Article 116 of the Constitution to ensure control of judiciary over the functioning of the lower courts. The SCBA President said changes in the mentality of the judges of the lower courts should also be changed as they worked for a long time under the control of the executive branch.
Barrister Rafiqul Islam Miah told The New Nation, "The hopes, with which we started the journey of separation of the Judiciary, have not been materialised yet."
They underlined the need for removal of all barriers in the way of establishing independent secretariat of the judiciary to make the separation of judiciary meaningful.
Former Adviser of the caretaker government for Law and Justice Barrister Mainul Hosein played the key role in implementing the long cherished demand of the nation. On December 2, 1999, the Appellate Division of the Supreme Court had issued a 12-point directives for separation of the judiciary from the executive, giving a six-month time to implement it.
Earlier in 1995, the General Secretary of Judicial Officers' Association Masdar Hossain along with 441 judicial officers filed a writ petition with the High Court in this regard.On January 16, 2007, the then caretaker government took initiative to separate the judiciary from the executive and made a gazette notification in this regard.
Barrister Mainul Hosein told The New Nation yesterday that the objective of separation of judiciary is yet to be fully achieved because of non-completion of some related activities."We wanted independence of the judiciary because without this democracy is not safe. The law passed to separate the judiciary from the executive is not enough. So, we took the initiative for forming a Supreme Judicial Council and initiated the enactment of a law for the purpose. But the proposed law is yet to be passed," he said.
In the absence of a Supreme Judicial Council the appointment of judges are being made on partisan considerations, which is not congenial for the independence of the judiciary, he noted. "Again, we wanted the Supreme Court to have its own secretariat and enjoy financial freedom. But these have not been established. We also wanted a system of appointment of State Lawyers,' who would not change with the change of governments. But lawyers continue to be appointed afresh every time a new government is elected to power," Barrister Mainul observed.
"The separation and independence of the judiciary is thus yet to take a complete shape," he added.
Supreme Court Bar Association (SCBA) President Khandker Mahbub Hossain yesterday told The New Nation that the judiciary was separated but in practice it is still being controlled by the executive branch.He demanded restoration of Article 116 of the Constitution to ensure control of judiciary over the functioning of the lower courts. The SCBA President said changes in the mentality of the judges of the lower courts should also be changed as they worked for a long time under the control of the executive branch.
Barrister Rafiqul Islam Miah told The New Nation, "The hopes, with which we started the journey of separation of the Judiciary, have not been materialised yet."
"We have 12 directions, given by the HC in its judgment, in separating the Judiciary from the Executive branch of the state. A few of the directions were implemented while most of those are yet to see daylight. Barrister Rafiq, who is also the president of Jatiyatabadi Ainjibi Forum, said."A strong democracy and rule of law depend on the independence of the Judiciary," he said, stressing on separation of the Judiciary in real sense following the HC judgment.
Rafiqul Islam Miah said, "The Article 116 of the Constitution of 1972 must be restored for real independence of the Judiciary. Now the Law Ministry in practice is exercising power of posting, promoting and granting leave of absence and maintaining discipline of the judicial magistrates and others. It is totally against separation of the Judiciary"
"A separate secretariat is a must for the Judiciary. But we have not seen such an initiative yet," he said.A higher official of the Judiciary seeking anonymity said, "Financial separation must be achieved first, if we the separation of the judiciary is to come in a real sense."
Law Minister Barrister Shafique Ahmed yesterday told The New Nation, "The government is keen to make the Judiciary separate in the real sense. But the Judiciary first have to ask what it wants from the government."
"The government will act as per the demands of the Chief Justice," the Law Minister said.
Senior Awami League lawmaker Suranjit Sengupta, MP said though the judiciary was separated, people are not getting benefit from it.Referring to the suppression in appointing judges, he said the question has been raised in the legal community as to why a judge has been appointed by superseding 200 judges of lower courts.
http://nation.ittefaq.com/issues/2010/11/01/news0129.htm
Rafiqul Islam Miah said, "The Article 116 of the Constitution of 1972 must be restored for real independence of the Judiciary. Now the Law Ministry in practice is exercising power of posting, promoting and granting leave of absence and maintaining discipline of the judicial magistrates and others. It is totally against separation of the Judiciary"
"A separate secretariat is a must for the Judiciary. But we have not seen such an initiative yet," he said.A higher official of the Judiciary seeking anonymity said, "Financial separation must be achieved first, if we the separation of the judiciary is to come in a real sense."
Law Minister Barrister Shafique Ahmed yesterday told The New Nation, "The government is keen to make the Judiciary separate in the real sense. But the Judiciary first have to ask what it wants from the government."
"The government will act as per the demands of the Chief Justice," the Law Minister said.
Senior Awami League lawmaker Suranjit Sengupta, MP said though the judiciary was separated, people are not getting benefit from it.Referring to the suppression in appointing judges, he said the question has been raised in the legal community as to why a judge has been appointed by superseding 200 judges of lower courts.
http://nation.ittefaq.com/issues/2010/11/01/news0129.htm
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