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[🇧🇩] Judiciary of Bangladesh.

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

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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.​
 

Judiciary on verge of institutionalising independence
Says SC press release

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Star File Photo.

The judiciary is on the brink of institutionalising its independence, with plans for a Judicial Appointment Council and a separate judicial secretariat, following initiatives led by Chief Justice Syed Refaat Ahmed since his appointment on August 11, as per an SC press release.

On October 27, the Supreme Court sent a proposal to the law ministry to establish a separate judicial secretariat, aiming to ensure the judiciary's independence by severing ties with the executive branch and ending the law ministry's control over lower courts. The proposal included a concept paper outlining the necessity and objectives of such a secretariat.

"The separation of the judiciary has remained elusive over the years because political parties in power never truly prioritised it," the concept paper stated.

In a subsequent move, the SC formally proposed the formation of a 10-member Judicial Appointment Council on November 28, recommending its establishment through an ordinance to oversee the recruitment of judges for the Appellate and High Court divisions.

The council would be chaired by the chief justice and include the two senior-most Appellate Division judges, the senior-most High Court Division judge, a senior subordinate court judge elevated to the High Court, the attorney general, the president of the Supreme Court Bar Association, a law professor nominated by the University Grants Commission, and two citizen representatives.

The proposal emphasised selecting competent candidates for judicial appointments.

Contacted, SC spokesman Muajjem Hussain said the law ministry is working on implementing the proposals.

"I hope the Judicial Appointment Council will be formed soon. Establishing the separate secretariat may take longer, as it will require appointing key officials to manage it," he added.​
 

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