Supreme Judicial Council is formed January 30, 2008Posted by bdoza in BANGLADESH, JUDICIARY, Separation of Judiciary.
Tags: Supreme Judicial Council
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The government yesterday approved creation of the Supreme Judicial Commission to ensure neutral and credible appointment of Supreme Court judges.
Separation of Judiciary(4): challenges ahead November 4, 2007Posted by bdoza in BANGLADESH, GOVERNANCE, JUDICIARY, Separation of Judiciary.
Tags: Chief Justice, 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.
Separation of Judiciary (2): developments October 26, 2007Posted by bdoza in BANGLADESH, CORRUPTION, GOVERNANCE, JUDICIARY, POLITICS, Separation of Judiciary.
Tags: Separation of Judiciary
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In response to the Admin Cadre reaction, Barrister Moinul Hussain, Law Adviser said that he would meet with the secretaries and hope to come to a solution as these people are part of the government . If they have any grievance they can put it to the government.
Later the cadre leaders met with the Adviser and put their demands which they didn’t disclose publicly nor the Adviser told much in the public.
Then it was understood that Government is considering to accommodate some of the demands of the Admin cadre. These are-
1) to return some of the judicial power to the administrative officials
2) to remove the discrepancy between the service experiences required for the admin and judicial cadres to be absorbed in the judicial service
3) to prepare separate rooms for the judicial magistrates and not to vacate the offices and spaces occupied by the Admin Cadre magistrates
But the adjustment will ultimately depend on the approval of the Supreme Court.
Different organizations and individuals condemn the attitude and emotions expressed by the Admin Cadre. Among those are Association of Judicial Service, Supreme Court bar Association, Dr. Kamal Hussain and others .
Many appreciated the mover of the Government to separate the Judiciary. Professor Mujaffar Ahmed, Justice Naimuddin, Ex Adviser Akbar Ali Khan, AL, NAP are among them..
Some demanded the punishment of the Admin cadre officers who violated the code of conduct of the Government Service and dishonor the Court.
A case has been filed against 5 officers of the Admin cadre who were accusing the Government in the meeting for his attempt to separate the Judiciary from the Administration.
Rokonuddowla , the magistrate has been withdrawn from the magistracy and turned into an OSD. He also publicly seek apology for his mistake in the meeting.
Barrister Aminul Islam, President oof the Bar Association has expressed that the preventive power of magistracy will lie with the civil admin magistrates and there is no need of alteration of the set rules. Any deviation of the set rules will go against the spirit of separation, he said.
In spite of all the hue and cry about the separation, the Government is determined to separate the Judiciary officially on the 1st November 2007.
An ordinary citizen .
Tags: civil admin cadre, separartion of judiciary
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
‘Supreme Court will play role in national crisis’ August 13, 2007Posted by bdoza in BANGLADESH, JUDICIARY, Separation of Judiciary.
Tags: Chief Justice, Supreme Court
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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?