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Friday, December 24, 2010

[ALOCHONA] TIB findings must have shaken people’s faith in judiciary



TIB findings must have shaken people's faith in judiciary

THE findings of the latest national household survey on corruption by the Bangladesh chapter of the Berlin-based Transparency International, which indicate that the judiciary has overtaken the law enforcement agencies and the land administration as the most corrupt institution in the service sector, must have shaken the people's faith in what they may have regarded all along as their last bastion of hope for justice. The survey report, 'Corruption in Service Sector: National Household Survey 2010', which was released on Thursday, says about 88 per cent of people who turned to the judiciary were victims of corruption one way or the other. Corruption, according to the report, runs through the entire judicial system—68.9 per cent had to bribe magistrates' court, 58.4 per cent judges' court and 73.6 per cent the High Court. Corruption in the judiciary increased by 40.3 per cent in the past three years, says the report; it was 47.7 per cent in 2007. On the other hand, 41 per cent faced delay in disposal of their cases. In a nutshell, over the past three years, not only has corruption in the judiciary gone up but its service delivery has also dwindled.

   Intriguingly, as the chairman of the Anti-Corruption Commission, who was chief guest at the programme where the survey report was launched, pointed out, the surge followed the theoretical separation of the judiciary with the executive branch of the state. Needless to say, this is not quite the outcome that the people have expected from an independent judiciary; they have certainly not bargained for prevalence of corruption to replace influence of the executive. The people would certainly expect the Supreme Court, especially its chief justice, to initiate immediate measures so as to determine cause and context of such stupendous surge in corruption in the judiciary. The apex court needs to realise that, despite several recent setbacks, it continues to be deemed by the people at large as their last resort for justice. With their faith in other key institutions of the state, e.g. the legislative and the executive, substantially eroded, the people still look up at the judiciary as the custodian of law and the protector of their right. Pervasive corruption in the judiciary risks eroding the faith that they have reposed in the justice delivery system. The apex court also needs to realise that if it fails to cleanse the judiciary of corrupt practices, even if by the courtroom staff and not by the judges themselves, its moral authority will stand diminished in the eyes of the public.

   Intriguingly still, the surge in corruption in the judiciary took place in a period, most of which coincided with the tenure of the Awami League-led government, a government that is oath-bound to the people to take 'multi-pronged' measures to curb corruption. Here it is pertinent to point out that corruption has gone up not only in the judiciary but also in other service sectors. In other words, a government that is promise-bound to deterring corruption seems to have instead managed to create an atmosphere conducive for corrupt practices. Hence, not only the apex court but the government also needs to do some soul-searching and initiate decisive measures to combat corruption
 


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