Mr. Fayzee, his resignation and our Judicial System July 14, 2007Posted by bdoza in BANGLADESH, GOVERNANCE, JUDICIARY, POLITICS.
Tags: , Justice Fayzee
Mr.Fayzee has resigned from his post of Supreme Court Judge on the 12 July 2007.
He was bound to resign amidst controversy over his result of LLB under Law Department of Chittagong University. CU has cancelled his result and many others because of forgery in the tabulation sheet. He had submitted wit petition against the decision of the CU. The Lawyers was boycotting him. He was withdrawn from the judicial work by the Chief Justice for the last 4 months. He was urged by many quarters but as he was not resigning Supreme Judicial Council formed by the President. As the SJC was progressing in its work, Mr. Fayzee resigned.
Mr. Fayzee is not a isolated instance.. He is the glaring example of the undercurrent decay of our Judiacial System. His was a political appointment of last BNP regime. BNP Government tactfully kept him in the job during their regime amid vehement opposition from the lawyers, politicians and the intellectuals.
There are many other such appointments by the past political Governments. They made it a practice to keep their influence on the Judicial system at the highest level. They have developed system of such that sitting Government could ignore the recommendation of the Chief Justice in giving appointment of the judges.
In the lower cadre, the influence of the Government is more secured. The magistrates are actually employees of the Administrative wing of the Government. So Government could influence the verdict at the lower level more easily.
Though, both the political parties were committed to separate Judiciary from the Executive, neither BNP nor AL fulfilled their commitment. They delayed the separation on many pretext. Their Law Ministers were specially busy to design the way out of the complexities arises due to the verdict issued by the Supreme Court for separation of judiciary.
Present CG after coming into powers started the work to separate the judiciary. Initially it was visibly progressing but now the momentum is lowed down.
We hope that total judicial system will be reviewed, the total system will be restructured and the Judiciary will be separated from the Executive soon.