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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.​
 

Free judiciary from political influence
Proposes BLAST at discussion

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A separate "Law and Justice Affairs Ministry" can be established by replacing the existing "Ministry of Law, Justice and Parliamentary Affairs" in order to better safeguard judicial independence and law officer accountability, proposed Bangladesh Legal Aid and Services Trust (BLAST) yesterday.

They also proposed the creation of a Supreme Judicial Council, composed of retired judges and impartial lawyers, to oversee judicial work and ensure it meets expected standards. A separate committee under this council would review various aspects of the judiciary.

Additionally, BLAST suggested forming a Judicial Appointment Committee within the Supreme Judicial Council to ensure transparency and impartiality in the selection of Supreme Court judges. This committee would establish clear guidelines for judge appointments based on impartiality and competence.

Further recommendations include the establishment of a "Safety Box" on court premises to allow victims to report sexual harassment by court officials anonymously. BLAST also stresses the importance of providing adequate facilities for women and children at court premises, including suitable seating, toilets, and baby feeding areas.

The draft proposal was presented at a discussion meeting titled "Draft Proposal on Judiciary Reform," held at the Arbitration and Conference Room of the Supreme Court Bar Association (SCBA).

BLAST's honorary executive director, Sara Hossain, a senior Supreme Court lawyer, said the organisation plans to finalise the proposal after receiving feedback from legal experts.

The final version will then be submitted to the Judiciary Reform Commission, which is currently led by Justice Shah Abu Nayeem Mominur Rahman, for further recommendations to the government.

At the meeting, several legal experts emphasised the need to ensure that the judiciary remains free from political influence and corruption to deliver justice impartially.

Among the key points raised were the need for an increased number of judges and the protection of the fundamental and human rights of litigants, accused individuals, and witnesses.

Experts also highlighted the importance of a convenient and hygienic court environment, including proper seating and toilet facilities.

Barrister M Sarwar Hossain, a Supreme Court lawyer, raised concerns about the political involvement of some lawyers and law officers, which he argued hindered the appointment of competent professionals. He also pointed out that some lawyers continue to resort to bribing bench officers to ensure their cases are heard properly.

"These are the realities that must be stopped to uphold the spirit of the July revolution," Hossain said.

He also proposed two significant reforms: the introduction of a "Pre-Action Protocol" and judicial activism.

The Pre-Action Protocol, which was introduced in the UK in 1995, requires a settlement discussion before filing cases related to accidents, medical negligence, and other civil matters.

According to Hossain, implementing this system in Bangladesh could reduce case backlogs by up to 80 percent.

The second proposal, judicial activism, aims to prevent false or nuisance cases by imposing fines, thereby reducing the number of cases unnecessarily brought to court.

This approach, Hossain argues, could help resolve execution cases swiftly through civil court judgments.

Several other legal experts, including SC lawyers Shameem Haider Patwary, Qazi Zahed Iqbal, Tabarak Hussain, Ayesha Akter, Hamidul Misbah, and Shah Md Babar, also spoke at the meeting, offering further suggestions for judicial reform.

The Judiciary Reform Commission, which is tasked with reviewing and recommending changes to the judiciary, has already submitted a preliminary report to Environment, Forest, and Climate Change Adviser Syeda Rizwana Hasan.

This report recommends a constitutional amendment to ensure that the senior-most judge of the Appellate Division is appointed as the chief justice, thus curbing presidential discretion in the matter.

The report also proposes the formation of a nine-member commission, led by the chief justice, for the appointment of SC judges to ensure the selection of qualified individuals.

The commission also advocates for the expansion of the Appellate Division, proposing a minimum of seven judges, up from the current five.

Further, the report calls for permanent attorney services for government cases at both the apex and district courts, independent investigation bodies in the criminal justice system, and swift and cost-effective justice for citizens.

The commission is expected to submit its final report by January 15, 2025.​
 

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