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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.

Separation of Judiciary (2): developments October 26, 2007

Posted by bdoza in BANGLADESH, CORRUPTION, GOVERNANCE, JUDICIARY, POLITICS, 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 .