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Separation of Judiciary(4): challenges ahead November 4, 2007

Posted by bdoza in BANGLADESH, GOVERNANCE, JUDICIARY, Separation of Judiciary.
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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.

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