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Conflict of superiority between judiciary and parliament January 23, 2011

Posted by bdoza in BANGLADESH, JUDICIARY.
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The controversy started on November 29, 2010 with the summoning of judicial staff by the subcommittee for law and parliamentary affairs.

The judiciary rejected the appeal on the plea that it is not accountable to parliament for its activities.

In reaction, Suranjit Sen Gupta, Chairman of the Parliamentary Subcommittee said that as per constitution parliament is the highest seat of authority. As the people hold the supreme authority and they bestowed their power on the elected members of parliament, it is the parliament who holds the authority over all the organs of the state. He opined that the judiciary also be accountable to parliament.

The chief justice Mr.Khairul Hoque said in a meeting that none is superior among judiciary, parliament and executive branch of the state. They are complementary to each other. the judges are accountable only to Almighty and the people. They express their accountability through the judgments to the people.

The comment of the chief justice drew further comments. Suranjit Sengupta tried to defend himself. Mr. Aminur Rahman a retired judge said that he thinks that it is the parliament to whom the judiciary should remain accountable. Barrister zahiruddin, the leading constitutional expert supported the opinion of the chief justice when asked by the media on the issue. He also said that if the judiciary does not remain independent, the majority party will try to dictate judiciary at its will.

The ordinary citizen respect the dignity and independence of judiciary.

An ordinary citizen

News link:
JS Sovereign-Daily Star

Judiciary couldn’t live upto the expectation of the people in Bangladesh November 9, 2008

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Judiciary was separated from the executive under the caretaker government just over an year after the many years of endevour by the people.

The past political governments didn’t fulfill the pledge of separating the judiciary though they were pledging separation since long.

The separation was also vehemently opposed by Administration cadre of Bangladesh. Ultimately it was separated by the present caretaker government.

People hoped that with the separation of judiciary, it will act independently and will uphold the rule of law. But the people’s expectation was not fulfilled.

It was seen that the long hand of the administration on the judiciary was not over. Political cases including cases of corruption were not dealt unbiased. Bails were given or rejected, the reasons were not clear to the public as well as to experts as well.

To the government, a political compromise becomes more important than the rule of law and punishment of the corrupts and criminals.

It seems that the intention of the government is also imposed on the judiciary.
People are not sure when they will get a judiciary, not only separated but also independent.
The image and independence of the judiciary now absolutely depends on the judges themselves. How perfectly they could uphold the justice and how they could keep themselves above the greed and temptation will determine the image of the judiciary in future.

I liked the idea of the past Chief Justice Mr. Ruhul Amin when he was advocating the dignity and the prestige of the judges in meetings and seminars. Communication with the people is also important. It sometimes clears the confusion in the minds of the ordinary citizens.

The present Chief Justice may also come forward and take the opportunity through different seminars and meetings to communicate with the people.

An ordinary citizen

Post script:
A report on Judiciary [PA]

Case against the above report was filed in the High Court [PA]