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Separation of Judiciary: last moment obstacle from the Civil Administration Cadre October 23, 2007

Posted by bdoza in BANGLADESH, GOVERNANCE, JUDICIARY, Separation of Judiciary.
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The Judiciary is going to be separated to work independently from 1st November 2007. When everything is set, officers of Civil Administration cadre raised their objection against the separation in a seminar styled ‘Separation of Judiciary for good governance” on 21 October 2007 in BIAM auditorium.

The seminar was organized with a short notice of 48 hours, 600 Admin Cadre officers gathered together. But the secretaries, high officials of the cadre, were conspicuously absent from the meeting. Many of the speeches in the gathering went beyond the subject and against the separation of judiciary with the seminar ended in disarray. The seminar was more a ‘political’ gathering than an academic exercise and a sort of threat to the Government against the separation of judiciary from Administration. The showdown recalls the memory of ‘political platform’ of employees of the Secretariat in 1996.

The ‘seminar’ was presided by the Dhaka Divisional Commissioner Mr. Ekram Ahmed, Chief Guest was the President of BIAM Foundation and Rector of the PATC Abu Md. Muniruzzaman, Key note paper was presented by Abul Hussain of Ministry of Child and Women Affairs.

In the key note paper, Mr. Abul Hussain stated ”the ordinance issued by the President is contradictory to the judgment given by the court. He also asserted that if the Administration can’t make judicial exercise, then judiciary also can’t exercise administration.

Rokonuddowla, a civil service magistrate, who is much discussed for his courageous effort against adulteration said that he is ready to go to jail or be hanged. He urged his colleagues to go to strike from 1st November 2007 if judiciary is separated from the Admin and to ‘gerao’ High Court after the emergency is withdrawn. This burst of emotion was not expected from him as he is very much known to the public for his integrity and honesty.

Most thoughtful comments came from Mr. Muyith Chowdhury, Ex Secretary and Ex Adviser to the Care taker Government. He said that if we could accept the judgment of Supreme Court in all matters, why we not in this case. He said that the way the young officers expressed their emotions and the language they use is not acceptable.

He said that we can discuss the power and privileges of the magistrates in the new set up. If we have any suggestions then that could be placed to the Government and necessary correction may be made even after the separation of judiciary. He recommended for ‘no transfer of magistrate to the other posts;PP should not be appointed on whims; separate cadre is to be formed; the power that is needed for the magistrate should be kept with them; law and order, conduction of the examinations should be controlled by the Admin; seniority is to be maintained if someone is transferred from Admin to Judiciary.

He also said that to get the maximum benefit of the separation, the selection process to the higher court must be rectified.

Let us see how the events proceed to the separation of Judiciary from the Administration.

 

An ordinary citizen

 

 

Comments»

1. Separation of judiciary: an eyewash? | E-Bangladesh - October 27, 2007

[…] the separation is facing last moment obstacles from the civil administration […]

2. aser - June 28, 2008

Bangladesh Administrative Service Association
Leader of the Leaders

3. Ibne siraj - June 29, 2008

The comment of ‘aser’ represents the common attitude of the Admin cadre of our country. The Admin cadre had the advantage so far on other cadres because of the extension of colonial setup of administration in our country which the successive governments continues for their own sake.

The separation of the judiciary and making it independent will make the admin also accountable to the law and not only to their masters.

With the maturity of the democratic system and of the political leaders, the admin would understand that they are mere the servants of the republic.


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