[🇧🇩] Judiciary of Bangladesh.

[Saif]

Reform should attend to class bias in justice delivery system

THIS is unfortunate that 12 years after the Tazreen Fashions fire that left at least 119 workers dead and 176 more workers injured on November 24, 2012, the victims and affected families are still denied justice. After the fire, the media reported violations of labour law, including the storage...

www.newagebd.net

Reform should attend to class bias in justice delivery system
25 November, 2024, 00:00

THIS is unfortunate that 12 years after the Tazreen Fashions fire that left at least 119 workers dead and 176 more workers injured on November 24, 2012, the victims and affected families are still denied justice. After the fire, the media reported violations of labour law, including the storage of flammable substances on factory premises, a lack of fire exits and the locking up of main gates. The investigation also reached a similar conclusion and recommended that factory owners and managers should be tried for culpable homicide. It is evident that the criminal negligence of the factory managers and the failure of the authorities concerned to ensure worker safety are responsible for the loss of lives, yet trial proceedings are stalled because of the prosecution’s repeated failures to produce witnesses in court. Since the trial began in October 2015, as court officials say, only 15 witnesses of the 104 named in the charge sheet have given their deposition. The delay in court proceedings ultimately shields the owner.

A similar delay in trial proceedings is also reported in the case of the 2013 collapse of Rana Plaza. Media report and police investigation showed the nature of systemic negligence and gross disregard for worker safety that existed in the operation of five factories housed in the nine-storey building at Savar. Violations of building safety codes were found which indicates complicity of the local administration in approving the construction of the building on a marsh land. There are 20 pending cases in this regard, including 11 with the labour court, all of which are stalled in various stages of legal proceedings. All the accused but the building owner are in custody. Survivors of the collapse, observing the delay, questioned the integrity of the legal system, as it appears hesitant to bring factory owners to justice. Their claims are not unfounded given that the charge sheet in the murder case filed over the Hashem Foods fire in Narayanganj, which left 54 workers dead, dropped the names of the company owner and his four sons. Barely any case related to worker death at workplace because of the owner’s negligence has reached conviction. For injured workers, the notion of justice is, however, not limited to conviction. It also includes proper compensation, the rehabilitation of the injured and an amendment to the compensation clause in the labour law.​

It is high time that the government set a legal precedent to send out a signal that factory owners are not above the law by duly conducting the investigation and subsequent trial of the owner and other managerial staff. It should also look into the failures on part of the prosecution in producing witnesses in court and give policy directives to address reported inefficiencies and legal bureaucracy. It is an opportune moment for the interim government to engage the recently formed legal reforms commission to attend to the class bias of the justice delivery system.

 

[Saif]

Decentralisation of the High Court a timely demand

THE judicial system in Bangladesh is crying out for reform. No government so far has taken any effective step in this regard. Following the July-August uprising, the interim government was formed, which shouldered the high aspirations of the people and accordingly formed a number of commissions...

www.newagebd.net

Decentralisation of the High Court a timely demand
Muhammad Mamunur Rashid 25 November, 2024, 00:00

New Age

THE judicial system in Bangladesh is crying out for reform. No government so far has taken any effective step in this regard. Following the July-August uprising, the interim government was formed, which shouldered the high aspirations of the people and accordingly formed a number of commissions to materialise people’s aspirations, including judicial and constitutional commissions.

As per the existing constitutional provisions, the High Court Division is seated only in Dhaka, which can by no means be adequate for a nation having eighteen crore people. When the framers of the constitution enacted the provisions regarding the seat of the High Court in 1972, the total population of Bangladesh was seven crore, which now becomes eighteen crore. A court constituted aiming to deliver justice to seven crore people can by no means serve the same purpose for eighteen crore people. A Dhaka-centric High Court is neither adequate nor consistent with the aspirations of the nation and in no way can ensure the equal dispensation of justice.

Undoubtedly, the High Court Division is overloaded with cases. As per the Annual Report 2022 published in the official website of the Bangladesh Supreme Court, the total number of cases pending before the High Court was 5,16,674 until December 2022, and out of them only 87,474 cases were disposed of, that is 17 per cent of total cases. The report also shows that 91,498 cases were newly filed in the High Court in 2022. In the last ten years, the number of newly filed cases has almost doubled.

There is no specific data as to the total number of people visiting Dhaka every day for litigation purposes. The number of cases pending before the High Court says that it is supposed to be a huge number that directly creates pressure on the population of the capital city. However, this number of people doesn’t represent all classes of society. The poor can’t afford the cost to reach the High Court that ultimately results in justice for the rich. This discrimination can be eliminated by getting the High Court decentralised, which will facilitate access to the High Court for all, resulting in greater access to justice. The present constitution of Bangladesh guarantees eighteen fundamental rights for the citizens, and to move to the High Court to enforce any of these rights is itself a fundamental right. Without making the High Court accessible and affordable to all, how can such rights be enforced?

In 1982, during Ershad’s regime, six permanent benches of the High Court Division were set up at Chittagong, Sylhet, Comilla, Jossore, Rangpur, and Barishal by Martial Law Proclamation. The Supreme Court Bar Association construed this decentralisation as unjustified and a design to destroy the institution of the judiciary. They started to protest the mode of decentralisation from the beginning and boycotted the court for months. The then Chief Justice could not sit in any court for three years. In 1988, while the constitution was revived after revocation of martial law, provisions for the aforesaid permanent benches were incorporated in the constitution by the eighth amendment. It could not stop the agitation. Finally, the issue went to the court, challenging the constitutionality of the eighth amendment. The Appellate Division, consisting of four judges, declared the impugned amendment as void and ultra vires by a majority of 3:1 following the doctrine of the basic structure of the constitution introduced by the Indian Supreme Court. However, all four judges could not reach any unanimous decision as to the number of basic structures. It was not even decided which structures are basic and which are not. The Indian Supreme Court invoked the doctrine of basic structure with a view to protecting the fundamental rights of Indian citizens from any alteration by the parliament. It upheld people’s interest. But in Bangladesh, the doctrine was invoked to examine such an amendment that facilitated access to the High Court to enforce fundamental rights.

Political climate is a major obstacle to decentralisation of the High Court, which was not in favour during the military regime of general Ershad. Now the situation is different. Nothing but the people’s interest should be the final word to this interim government. They have already constituted a commission headed by professor Ali Riaz for constitutional reform. It is incumbent upon this commission to act in such a way that reflects the demands of society. Keeping the High Court centralised in Dhaka does not reflect the demand of society.

Muhammad Mamunur Rashid is an advocate, Bangladesh Supreme Court.​

 

[Saif]

SC proposes Judicial Appointment Council for selecting new HC judges

The Supreme Court has prepared a draft ordinance incorporating the provision for constituting a Judicial Appointment Council in order to select competent candidates for their appointment as new High Court judges

www.thedailystar.net

SC proposes Judicial Appointment Council for selecting new HC judges

The Supreme Court has prepared a draft ordinance incorporating the provision for constituting a Judicial Appointment Council in order to select competent candidates for their appointment as new High Court judges.

The draft of the proposed ordinance has been sent to the judges of both the Appellate and High Court Divisions of the SC on November 14 seeking their opinions and a total of 18 written opinions have been received by the SC till November 24.

The draft ordinance is awaiting submission to the ministry of law, justice and parliamentary affairs after examining the opinions under the overall supervision of Chief Justice Syed Refaat Ahmed, a SC press release said yesterday.

Formulating a law for appointment of HC judges under the constitution is a longstanding demand from different sections of people particularly the Supreme Court Bar Association.

Article 95(1) (c) of the constitution says, "Qualifications as may be prescribed by law for appointment as a Judge of the Supreme Court".

The development over preparation of the draft ordinance came in line with the chief justice's announcement of a roadmap for the reforms in the judiciary.

On September 21, Chief Justice Syed Refaat Ahmed in an address to lower court judges has announced the roadmap, saying that he would take steps for formulating a law for appointment of HC judges and for the establishment of a separate secretariat for the judiciary.

On October 27, the SC has sent a proposal to the law ministry for establishing a separate secretariat for the judiciary to make it truly independent and effectively separate it from the executive branch and bringing an end of the law ministry's control over the lower courts.

Before the proposal was sent to the law ministry, opinions of judges of both the Appellate and HC divisions were solicited.

The SC press release said in continuation of the chief justice's announcement of the roadmap, the SC administration on September 25 introduced a helpline number (+88 01316154216) to assist the litigants or service recipients so that they don't face obstacles at any section of its registry office.

A total of 723 calls regarding legal advice, case-related information and filing of complaints have been received over the helpline number.

Out of these, the callers concerned have received legal advice through 426 calls. In addition, the service recipients have received case-related information through a total of 243 calls.

Total 42 calls regarding various irregularities, negligence in work, delay in receiving services and corruption have been received and necessary legal action has been taken in response to those complaints, according to the press release.

Following the SC verdict on October 20, 2024, the Supreme Judicial Council regarding the removal of judges has been revived.

The three-member Supreme Judicial Council, headed by the Chief Justice of Bangladesh, Dr Syed Refaat Ahmed, has already started its activities.

In continuation of that, three judges of the High Court Division expressed their desire to resign from their posts through a letter addressed to the president, and their resignations were accepted on November 19, 2024.

It is to be noted that the activities of the Supreme Judicial Council are still ongoing.

Thus, various activities are ongoing under the roadmap regarding the judiciary announced by the chief justice of Bangladesh. These activities will be able to play a strong role in establishing justice in the country through the overall improvement of the judiciary and effective separation of the judiciary, the SC press release stated.​

 

[Saif]

Chief justice orders enhanced security measures for all courts

Chief Justice Syed Refaat Ahmed has instructed relevant authorities to ensure the safety and security of all courts throughout Bangladesh, including the protection of judges, lawyers, and court clerks. The directive came on Thursday following recent disruptions in the premises of the Supreme Court

thefinancialexpress.com.bd

Chief justice orders enhanced security measures for all courts
bdnews24.com
Published :
Nov 29, 2024 21:42
Updated :
Nov 29, 2024 21:42

Chief Justice Syed Refaat Ahmed has instructed relevant authorities to ensure the safety and security of all courts throughout Bangladesh, including the protection of judges, lawyers, and court clerks.

The directive came on Thursday following recent disruptions in the premises of the Supreme Court and district courts across the country.

A letter from the High Court division highlighted that the chief justice expressed deep concern over the “unprecedented” and “unwanted” events that have taken place in these court areas.

“To uphold the rule of law, ensure justice, and preserve the dignity of the courts, the Chief Justice has instructed authorities to guarantee security at all court and tribunal premises, courtrooms, judges’ residences, and for all individuals associated with the judiciary,” it reads.

Recently, during clashes at the Chattogram court area, lawyer Saiful Islam Alif was killed when protesters attacked as Chinmoy Krishna Das Brahmachari, a spokesperson for the Sammilito Sanatani Jagaran Jote, or United Sanatan Awakening Alliance, was being escorted to prison in a sedition case.

Protesters vandalised vehicles, including motorcycles, parked on the court road.

In another incident on Wednesday, lawyers threw eggs at a High Court judge following alleged derogatory remarks about the BNP founder Ziaur Rahman.

The incident occurred during a session presided over by Justice Md Ashraful Kamal at a High Court dual bench.

This is not the first time such disruptions have occurred in court premises. Earlier, following the change of government after the mass uprising, similar incidents, including the throwing of eggs and shoes at the accused, have taken place.​

 

[Saif]

Post-uprising judiciary to protect of human rights: CJ

Chief Justice Syed Refaat Ahmed today said the post-July revolution judiciary of Bangladesh is committed to providing the highest protection of human rights in the country

www.thedailystar.net

Post-uprising judiciary to protect of human rights: CJ

Chief Justice Syed Refaat Ahmed today said the post-July revolution judiciary of Bangladesh is committed to providing the highest protection of human rights in the country.

He said this while holding a meeting with Spain's Ambassador to Bangladesh Gabriel Sistiaga Ochoa de Chinchetru. The Spanish ambassador made the courtesy call to the chief justice at his Supreme Court office this morning, a SC press release said.

During the meeting, Refaat reiterated his commitment to establish the rule of law in the country and assured the full cooperation of the Supreme Court of Bangladesh in enhancing mutual cooperation between the two countries in modernising the judiciary and institutionalising the separation of judiciary.

The Spanish ambassador praised the various initiatives taken by the chief justice of Bangladesh in recent times to ensure the independence of the country's judiciary.

He expressed hope that the strong leadership of the current chief justice of Bangladesh will play an important role in establishing good governance and ensuring justice in the country in the coming days.

In addition, he informed Justice Syed Refaat Ahmed that his country is ready to provide all-out cooperation to Bangladesh in building a strong judiciary in the country and he expressed interest in providing the necessary technical support for the modernisation of the judiciary.​

 

[Saif]

Steps taken to safeguard judicial independence, says Chief Justice

Chief Justice Syed Refaat Ahmed on Friday said measures have been taken to safeguard independence and integrity of the country's judicial system. He said this while addressing a programme organised by the Rajshahi University Law Alumni Association (RULAA) at the Supreme Court Bar Association (SCBA

thefinancialexpress.com.bd

Steps taken to safeguard judicial independence, says Chief Justice
FE REPORT
Published :
Dec 07, 2024 08:28
Updated :
Dec 07, 2024 08:28

Chief Justice Syed Refaat Ahmed on Friday said measures have been taken to safeguard independence and integrity of the country's judicial system.

He said this while addressing a programme organised by the Rajshahi University Law Alumni Association (RULAA) at the Supreme Court Bar Association (SCBA).

The Chief Justice further said, "As part of my steadfast commitment to institutional reforms and strengthening the independence of the judiciary, I have taken decisive steps to establish the foundations for true separation of powers. I have declared and initiated the process of creating a separate Secretariat for the Judiciary, a pivotal measure to ensure the judiciary's administrative autonomy."

He stated that he has proposed the formation of a Judicial Appointment Council to institutionalie transparency and meritocracy in the appointment process of apex court judges, as well as posting and transfer guidelines for district judiciaries, aimed at fostering consistency and fairness in judicial postings.

These proposals have been formally submitted to the government for necessary action, marking a significant step toward the complete institutional separation of the judiciary from the executive branch, he said.

He further said, "Moreover, in reinforcing the judiciary's independence from the legislative branch, we have restored and strengthened the Supreme Judicial Council following the disposal of the 16th Amendment review case. This pivotal move effectively eliminates the provision for Parliament to impeach Supreme Court judges, ensuring that the judiciary remains free from undue political influence."

"These measures collectively embody a holistic vision for safeguarding the independence and integrity of our judicial system, reflecting our firm commitment to upholding the principles of justice and the rule of law," he added. The Chief Justice attended the programme as the chief guest with Senior Advocate Badruddoza Badol in the chair.​

 

[Saif]

Writ seeks investigations into graft allegations against 51 judicial staff, including judges

A writ petition has been filed seeking investigation into allegations of graft against some 51 individuals, including judges and staff of lower courts across the country. Advocate Md Amimul Ehsan Zobair, a Supreme Court lawyer, filed the petition on Monday. The HC bench of Justice Farah Mahbub an

thefinancialexpress.com.bd

Writ seeks investigations into graft allegations against 51 judicial staff, including judges
UNB
Published :
Dec 09, 2024 21:18
Updated :
Dec 09, 2024 21:18

A writ petition has been filed seeking investigation into allegations of graft against some 51 individuals, including judges and staff of lower courts across the country.

Advocate Md Amimul Ehsan Zobair, a Supreme Court lawyer, filed the petition on Monday.

The HC bench of Justice Farah Mahbub and Justice Debasish Roy Chowdhury is likely to hear the petition on Tuesday.

The Secretary of the Law Ministry, Registrar General of the Supreme Court, and the Chairman of Anti-Corruption Commission (ACC) have been made respondents, UNB reports.

According to a report published in a daily newspaper, under the title 'Unbelievable wealth of 51 judges and staff’, it is said that the ACC found evidence against some judges and staff of the subordinate courts of amassing illegal wealth.

Many of them became worth several crores in taka, and owned a number of flats in the country and abroad, said the report.

The ACC, during its investigation, found primary evidence of graft against 51 people under the judicial department, with many of them also found accumulating wealth beyond known sources.

Joint secretary of the Law Ministry Bikash Kumar Saha, Kushita Woman and Child Repression Prevention tribunal Judge Sheikh Holam Mahbub, Kishoreganj Woman and Child Repression Prevention tribunal Judge Mahbubur Rahman Sarkar, Sylhet district Judge Manir Kamal, Additional Chief Metropolitan Magistrate of Dhaka Metropolitan Court Tofazzal hossain, Magura Additional District Judge Mushfiqur Islam, Gazipur Chief Metropolitan Magistrate Kaisarul Islam, Narsingdi Chief Judicial Magistrate Molla Saiful Alam, Mymensingh Special Judge Farhana Ferdous, Sherpur Woman and Child Repression Prevention tribunal Judge Kamrunnahar Rumi, Dhaka Additional District Judge Shawkat hossain, Sirajganj Additional District and Session Judge Mohammad Erfan Ullah, Habiganj District Magistrate Saiful Alam Chowdhury, Dhaka Joint Metropolitan Session Judge Tasruzzaman, Tangail Chief Judicial Magistrate Mostafa Shahrier Khan were among those.

Besides, allegations of illegal wealth were found against Barguna Woman and Child Repression Prevention tribunal Judge Mashiur Rahman Khan, Cumilla Woman and Child Repression Prevention tribunal Judge Rezaul Karim Chowdhury, Rangpur District Judge Fazle Khoda Mohammad Najir, Rangamati District Judge Shahidul Islam, Jamalpur District Judge Ahsanul Haque, Dhaka Special Judge Masud Parvez, Sylhet Joint District and Session Judge Shahinur Rahman, Feni Additional District Judge Keshab Roy Chowdhury, officer of the judicial department Khurshid Alam, Atiqul Islam, Suruj Sarkar, Ali Mansur, Noman Moin Uddin, Subrat Mallik, Rakibul Islam, Harunur Rashid, Tehsin Iftekhar, Dhaka Joint Judge Nazmun Shahadat, Rangpur Senior Assistant Judge Krishna Kamal Roy, Dr. ABM Mahmudul Haque, Rustam Ali, Mamunur Rashid, Jewel Rana, Saifur Rahman Siddique, Abbas Uddin, Zinnat Zahan Jhunu, Enamul Haque Basunia, ANM Ilias, Moktadir Alam, Miltan and others.​

 

[Saif]

Political appointment of judges destroyed judiciary: Asif Nazrul

Law Adviser Asif Nazrul on Monday underscored the urgent need for sweeping reforms in Bangladesh's judiciary, mentioning that political appointments of judges have undermined its integrity. “The appointment of judges based on political loyalty in the High Court is a major factor behind the c

thefinancialexpress.com.bd

Political appointment of judges destroyed judiciary: Asif Nazrul
Published :
Dec 23, 2024 17:54
Updated :
Dec 23, 2024 17:54

Law Adviser Asif Nazrul on Monday underscored the urgent need for sweeping reforms in Bangladesh's judiciary, mentioning that political appointments of judges have undermined its integrity.

“The appointment of judges based on political loyalty in the High Court is a major factor behind the collapse of Bangladesh's judiciary. No matter how sensitive or contentious the term ‘reform’ is, we have no alternative to it,” said Nazrul at a dialogue titled "Dialogue for Democratic Reconstruction on Judiciary" at the CIRDAP Auditorium.

The Centre for Governance Studies (CGS) organised the dialogue, UNB reports.

Criticising the recruitment culture, he said, “If judges are appointed based on their allegiance to political slogans like 'Jai Bangla' or 'Zindabad’, there can be no hope for justice. We need to rethink our approach and provide actionable frameworks, such as charts, for tracking progress instead of merely issuing recommendations.”

Regarding the issue of lower court independence, he said, “We often focus solely on ensuring the independence of the lower courts, which typically means their accountability to the High Court. But if the High Court itself is the most corrupt and politically loyal institution, how can we ensure judicial independence?”

To ensure greater transparency, Asif Nazrul recommended establishing an independent secretariat or Registrar General's office for the High Court. “This proposal, initiated by the Chief Justice, is under consideration, and we plan to hold consultations on its implementation,” he said.

He also emphasised the need for a ‘Permanent Prosecution Service’ to eliminate political interference in the Attorney General’s Office and the Public Prosecution Office. “Such a system was proposed during the 1/11 regime but abandoned by the Awami League. We aim to implement this within six months,” he added.

Appointment of the Chief Justice

Nazrul criticised the existing process for appointing the chief justice, which, by law, is supposed to be determined by the president. “When I asked my students if they believed the president appoints the chief justice independently or acts on the prime minister's advice, everyone said it’s the prime minister's decision,” he said.

He alleged that the presidency has been reduced to a ceremonial role, manipulated by prime ministers to serve political interests. “Presidents are either appointed from a ‘servant class’ or become subservient after assuming office. This issue must be addressed.”

Academicians, Supreme Court lawyers, former district and High Court judges, journalists, and rights activists attended the dialogue.​