an ordinary citizen

Now Judiciary is separated. Mere separation of judiciary from the Administartion means nothing. The objective of separation will be to uphold justice in any circumstances without fear or favour, to convey the justice to the door of the poor and to deliver justice without any delay.

Will our judiciary be able to fulfill these objectives? Will they be able to come up to give judgments against the establishment and the powerfuls if they are found on the wrong footing? Are the all the judges strong enough in character and conviction? The chief justice himself expressed doubt about the integrity of the judges and he told it will take many years to clean the system. Our legal experts reiterated that the judicial system must be cleared of those appointments which were given on political motivation and where qualities were compromised. How the present judicial system would be cleared of its own wastes?

Selection of judges in future should be through a fair and solid process. How they are going to ensure best selection of the judges at the senior level? How they are going to overcome the pressure that would come from the future political governments? Also how they are going to make themselves accountable? Is the conscious of a judge is enough? Is the appointment of a legal Ombudsman is the answer to prevent their excess?

To carry the justice to the poor, the Judiciary will have to develop strong administrative setup. At present, the administrative set up is as weak as one can imagine. At all tires of judiciary, it will require secretarial support with a strong central secretariat When are they getting this setup and how effectively will they be able to handle it? What administrative trainig they have for their employees?

Judiciary will not able to work by itself. It will require the support of other wings of the Government? Will the police extend its all-out support? Will the executive magistrates extend their cooperation after all the happenings few days back where it surfaced that the administrative cadre from their heart do not support the separation?

What about the lawyers? Are all the lawyers competent enough to support the judiciary? Do the Bars also need a shake up ? How to lessen the political mingling with legal profession? It is said that in regard to carrer it is the easiect thing to be lawyer. Will the new system make any impact on the law related education in our country ?

With all these questions and confusions, the ordinary citizen hope that the Judiciary will be able to fulfil our dream.

An ordinary citizen

13 Nov 07

Supreme Court bar Council pleaded for removal of corrupt and inept judges from the courts.

Ultimately the Judiciary is separated from the Executive with the formal inauguration of Dhaka District Judicial Magistracy and Dhaka Metropolitan Magistracy by the Chief Adviser Fakhruddin Ali Ahmed. The ceremony which was held in China Bangladesh Friendship Centre was attended by Chief Justice Ruhul Amin, Law Adviser, Ex Chief Justices, foreighn dignitaries, present judges and high officials and dignified citizens.

The CA hoped that the day will serve as a glorious milestone for advancing the rule of law in the country. He also said that there could be initial challenges with the massive task of separating the two branches of power, including staff shortages and physical infrastructure.

He also added that separation of judiciary must be complemented by the reforms in the police, courts and the legal profession. The executive magistrate will remain a necessary component for maintaining law and order.

Chief justice Ruhul Amin appreciated the present Government for separating the Judiciary from the executive which was a constitutional obligation and ignored by the past governments. He also added that judicial magistrate have to justify the ir separation from the executive by restoring public confidence in the judiciary. He also hoped hat executive will extend effective supporting role.

Law Adviser Moinul Hussain said the separation is giving more responsibility to the judges to uphold justice and ensure good governance. He said that rights and liberty guaranteed by the constitution is useless if the judiciary is not free and independent to protect such rights and liberty.

An ordinary citizen

Ref: Daily Star 2/11/07

Chief Justice said that SC played a role in the past as at the critical juncture of the nation. It is doing so at present and will do so in future to pull the nation out of mire”. He was commenting in a seminar on ‘Reform and Freedom of Judiciary’ organized by ‘Human Rights and Peace for Bangladesh’

Our nation is passing through a difficult period. Our experiment with democracy has tumbled on itself. Our beloved leaders could not hold election by themselves. Many of them are under arrest and some of them are already given charge sheet. Many of them are again challenging the verdict of the special tribunal in the High Court. That is again counter appealed.

The fate of the country will ultimately is going to depend on the judgments of the High Ccourt and ultimately Supreme court.

Many are questioning the procedures, many are questioning the merit of the accusations and many are questioning the prudence of the judgments. In this crisscross of opinions ultimately the issues will be referred to the Supreme Court.

Will supreme Court be able to play the role? It is a matter not only of chief Justice, it is a collective matter. Where our recruitment system of Judges is not perfect how can we be so sure? Is there any one who may remain obliged to his recruiting boss?

Most important of all, is the Judiciary going to be separated to be independent enough to give judgments on critical issues without fear or faour?

Bdoza