[🇧🇩] Judiciary of Bangladesh.

[Saif]

This is 2024 - and I still cannot believe we don't have an independent judiciary. Corrupt political parties always like to keep judges in their pockets. Even other South Asian countries are reverting back to this state of affairs.

Bilal bhai, before we separate judiciary from executive, we need to reform our judiciary system to make it corruption free and accountable. Hope you agree with me.

 

[Bilal9]

Bilal bhai, before we separate judiciary from executive, we need to reform our judiciary system to make it corruption free and accountable. Hope you agree with me.

I concur wholeheartedly bhai. That is why there was the idea of a Judicial secretariat mooted which can remove judges if found to be corrupted. Judiciary has to discipline its own without influence from the executive.

 

[Saif]

2025, a new era for the judiciary

Chief Justice Syed Refaat Ahmed has expressed optimism that 2025 will mark a new beginning for the judiciary in Bangladesh, following the implementation of reforms outlined in the roadmap he announced on September 21, 2024.

www.thedailystar.net

2025, a new era for the judiciary
Hopes chief justice

Chief Justice Syed Refaat Ahmed has expressed optimism that 2025 will mark a new beginning for the judiciary in Bangladesh, following the implementation of reforms outlined in the roadmap he announced on September 21, 2024.

"The chief justice expressed his hope that in 2025, the judiciary of Bangladesh will be completely free from the influence of the executive and enjoy the benefits of its institutional independence and thus, by devoting itself to the service of the people as an independent organ of the state, the judiciary will be able to fulfill the aspirations of the people of July-August revolution of 2024," a Supreme Court press release said yesterday.

The chief justice revealed that a comprehensive action plan for judicial reform will be adopted by 2025.

Significant strides have already been made toward this goal, including the establishment of a separate secretariat for the judiciary, the formation of an independent council for the appointment of SC judges, and the development of transfer and posting policies for subordinate court judges.

Furthermore, following the resolution of the review petition concerning the constitution's 16th amendment, the Supreme Judicial Council of Bangladesh has been reconstituted under the chief justice's leadership and is currently functioning at full capacity.

According to the SC press release, the chief justice has already taken various initiatives to ensure transparency and accountability of judicial services for the litigants by eliminating all forms of corruption from the judiciary as soon as possible.​

 

[Saif]

Recommendation for separate investigative agency outside police

The judiciary reform commission feels a separate agency is needed to investigate the criminal cases. The proposed agency will be competent and reliable so that it can operate without influence

en.prothomalo.com

Judiciary reform commission
Recommendation for separate investigative agency outside police
The police, CID and the PBI are now in charge of the investigations into the criminal cases.

The proposed investigative agency will have a completely separate manpower from the police.

Mohiuddin Faruk
Dhaka
Published: 04 Jan 2025, 16: 30

The judiciary reform commission feels a separate agency is needed to investigate the criminal cases. The agency will be competent and reliable so that it can operate without external influence. The commission also stressed the need of a permanent attorney service to regain people's confidence in the judiciary.

The recommendation came up in the preliminary report of the commission which was sent to the law ministry recently.

At the moment, the police are in charge of running investigations into criminal cases. Apart from the police stations, the Criminal Investigation Department (CID) of the police and the Police Bureau of Investigation (PBI) also investigate criminal cases. The PBI was founded in 2012. These units operate under the Bangladesh Police. The members are recruited through transfer from the police force.

The preliminary report also cites some basic criteria of the proposed investigative agency. The report states that the proposed investigative agency will have a completely separate manpower from the police. Their appointment, conditions for service, budget, infrastructure and other ancillary matters will be under an independent institutional framework or organisation. The work of the proposed agency starts after the filing of a case. The investigation officials of the agency will work under the supervision of relevant attorneys or prosecutors.

Speaking to Prothom Alo, judiciary reform commission member Tanim Hossain Shawon said the preliminary report includes several recommendations including formation of a separate independent agency to ensure a proper and neutral investigation into criminal cases, formation of a permanent attorney service and ensuring a speedy and initiatives to ensure effective justice at a low cost in a quick time.

Police investigate criminal cases all over the world. There are also exceptions. For instance, in France, magistrates conduct investigations. We already have several agencies like the CID, PBI or the ACC (Anti-corruption Commission) to run investigations. So it’s not clear to me as to why another separate agency will be needed. Nurul Huda, former IGP

Besides, the commission is considering several other issues including financial independence of the judiciary and ensuring adequate budget.

The interim government has formed 11 commissions for the reform of different sectors and the judiciary reform commission is one of those. The eight-member-committee headed by retired justice Shah Abu Nayeem Mominur Rahman was formed on 3 October. The committee has a deadline of 90 days to submit their report. The deadline ended yesterday, Friday. However, the deadline has been extended up to 31 January. Before that, the commission sent a preliminary report to the law ministry.

The preliminary report says investigation is one of the most significant parts in the criminal justice system. Investigations are likely to have flaws and weaknesses in case the investigation official is not honest, brave, efficient and professional. In many cases, actual information is not reflected in the investigation due political influence and pressure. The verdict of a case depends a lot on a speedy and quality investigation.

Asked about the recommendations of the commission, former inspector general of police (IGP) Nurul Huda said, “Police investigate criminal cases all over the world. There are also exceptions. For instance, in France, magistrates conduct investigations. We already have several agencies like the CID, PBI or the ACC (Anti-corruption Commission) to run investigations. So it’s not clear to me as to why another separate agency will be needed.”

In the existing system, even the IGP does not have the jurisdiction to intervene with the investigation officer. Despite that, there have been numerous cases of exerting influence for mainly political reasons. He questioned, “Where is the guarantee that there will be no influence on the proposed agency?”

Police have multifaceted tasks. If a separate team is engaged only in investigations, it will enhance their competence and experience--Shahdin Malik, Supreme Court lawyer

The lawyers say the overall conviction rate in criminal cases in the country is more or less 20 per cent. The accused gets acquitted in 80 per cent of cases. The reason behind that is the lack of investigations. Usually an investigation officer deals with a number of cases simultaenously. They are also involved in many other tasks related to law and order. So it is natural that the investigation officer does not have enough time to run an investigation properly. There are also allegations of investigating officers altering the facts under pressure from influential persons and taking bribes.

The Transparency International Bangladesh (TIB) in a report published last month titled 'Corruption in Service Sectors: National Household Survey 2023’ said the top five sectors with the highest accusation of bribery are – passport, Bangladesh Road Transport Authority, law enforcement agencies, judicial services and land sector.

False cases and harassments

The reform commission said one of the biggest problems is false cases. In many cases, innocent persons are named among the accused. There are also cases where the actual incident is exaggerated or is completely and partially covered up. In such cases, there are possibilities of innocent people being convicted or the actual accused getting acquitted if the investigation is not fair. The incidents of filing false cases or using police to harass the rival groups are very common in the country.

The reform commission says people are afraid of the police force due to some police officials’ corruption, institutional shortcomings and arbitrary use of the police force for nefarious purposes.

The preliminary report says investigation is one of the most significant parts in the criminal justice system. Investigations are likely to have flaws and weaknesses in case the investigation official is not honest, brave, efficient and professional. In many cases, actual information is not reflected in the investigation due political influence and pressure. The verdict of a case depends a lot on a speedy and quality investigation.

Besides, the police do not have any single unit to conduct investigations; rather different departments are bestowed with the same type of tasks. The police investigation system is not organised and efficient. In many cases, trial begins without proper evidence due to lack of coordination and eventually the miscreants get acquitted.

The reform commission believes it is imperative to form an independent, effective, efficient, reliable and people- friendly investigative agency which can operate without influence.

The proposal for attorney service

The judiciary reform commission recommended formation of an attorney service. The report says to this day attorney generals and law officials at all levels have been appointed on temporary basis under political consideration. There is no legal structure to ensure accountability of law officials. Appointment of law officials is widely considered a reward for political loyalty.

Besides, there is almost no separate infrastructure, supportive manpower, budget and other necessary arrangements for district level law officials except the officials at the office of the attorney general. There is no obligation for the investigation official to consult law officials to take their opinion while investigating a criminal case. The remuneration fixed for the district level law officials is quite negligible. The service they provide is not satisfactory at all either. So there is no alternative to the formation of a permanent attorney service, the commission said.

The report also pointed out some characteristics of the proposed attorney service. It says the attorney service will be a permanent government job. There will be specific laws with proper provisions regarding the recruitment process, promotion, transfer, discipline, pay scale and other allowances and other relevant issues of the service. The attorney service will need adequate infrastructure, budget allocation and supportive manpower.

The report further says the proposed attorney service will have two units – the ‘Supreme Court unit’ consisting of assistant attorney general, deputy attorney general and additional attorney general and the ‘district unit’ consisting of assistant district attorney, deputy district attorney, additional district attorney and district attorney.

Supreme Court lawyer Shahdin Malik feels an independent investigative agency and a permanent attorney service are indeed needed for criminal cases. Praising the reform commission recommendations, he told Prothom Alo, “There are attorney services in many countries of the world. Bangladesh is an exception in this case where law cadre service doesn’t exist. All the posts, from general to public prosecutor, are often reshuffled with the change of the government resulting in a lack of competence, efficiency and experience.”

He further added, “Police have multifaceted tasks. If a separate team is engaged only in investigations, it will enhance their competence and experience. The investigation will be proper and more accurate.”

*This report appeared on the print an online versions of Prothom Alo and has been rewritten in English by Ashish Basu​

 

[Saif]

New helpline number launched to expedite judicial services

Bangladesh Supreme Court has launched another helpline number to provide quick and smooth judicial services and to address complaints and suggestions from the people. The new number is +88 01795373680. The helpline operates from 10am to 4pm, Sunday to Thursday, except on public holidays. An offi

thefinancialexpress.com.bd

New helpline number launched to expedite judicial services
UNB
Published :
Jan 05, 2025 21:52
Updated :
Jan 05, 2025 21:52

Bangladesh Supreme Court has launched another helpline number to provide quick and smooth judicial services and to address complaints and suggestions from the people.

The new number is +88 01795373680.

The helpline operates from 10am to 4pm, Sunday to Thursday, except on public holidays.

An officer from the Supreme Court Registry is available during these hours to offer help and guidance.

Service seekers are now encouraged to use this new number, along with the existing helpline, to report any issues or offer suggestions.

Earlier, the Supreme Court officially launched the helpline service on 26 September 2024.

Service recipients or trial seekers visiting the Bangladesh Supreme Court can contact the helpline number +88 01316154216 via phone call or WhatsApp for necessary information and advice regarding services.

The helpline was introduced to assist individuals facing obstacles in receiving services at any branch of the Supreme Court Registry.​

 

[Saif]

Probe allegations against some SC judges

President Mohammed Shahabuddin has instructed the chief justice-led Supreme Judicial Council (SJC) to investigate various allegations that have surfaced against several Supreme Court judges.

www.thedailystar.net

Probe allegations against some SC judges
President asks Supreme Judicial Council

File photo of President Mohammed Shahabuddin

President Mohammed Shahabuddin has instructed the chief justice-led Supreme Judicial Council (SJC) to investigate various allegations that have surfaced against several Supreme Court judges.

The president has made the decision under article 96(5)(b) of the constitution.

Accordingly, the SJC will start conducting the inquiry next week, according to a notification issued by the Supreme Court yesterday.

In December last year, the three-member SJC led by Chief Justice Syed Refaat Ahmed sent a primary inquiry report about some judges, against whom there were some allegations, to the president for a decision, SC Spokesperson Muajjem Hussain told The Daily Star on December 15.

He, however, could not reveal the contents of the report.

The other members of the SJC are senior judges of the Appellate Division, Justice Md Ashfaqul Islam and Justice Zubayer Rahman Chowdhury.

Eleven High Court judges are currently without benches after over 1,000 students demonstrated on the SC premises on October 16 last year, demanding the removal of the "pro-Awami League fascist judges".

On that day, SC Registrar General Aziz Ahmed told the protesters that 12 judges would not be assigned benches. Following this statement, the agitating students postponed their demonstrations.

Eleven HC judges — Justice Md Ataur Rahman Khan, Justice Naima Haider, Justice Sheikh Hassan Arif, Justice Muhammad Khurshid Alam Sarkar, Justice Ashish Ranjan Das, Justice Khizir Hayat, Justice SM Maniruzzaman, Justice Khandaker Diliruzzaman, Justice Md Akhtaruzzaman, Justice Shahed Nuruddin, Justice Md Aminul Islam, and Justice SM Masud Hossain Dolon — have not been given judicial duties since then.

Justice Md Ataur Rahman Khan has already retired.​

 

[Saif]

Make wealth disclosure mandatory for judges

Transparency is key to ensuring judicial integrity

www.thedailystar.net

Make wealth disclosure mandatory for judges
Transparency is key to ensuring judicial integrity

VISUAL: STAR

It is high time the practice of submitting wealth statements by Supreme Court judges—which has been stalled for the past 13 years—was revived and made mandatory by the government. The last time Supreme Court judges submitted their wealth statements was in 2011, when then-Chief Justice ABM Khairul Haque initiated the practice by submitting his own wealth statement to then-President Zillur Rahman. However, in the absence of a specific law or rule, this initiative has not continued.

Rights activists and legal experts have often called for a legal framework requiring judges to disclose their income and assets. This demand has become more relevant now as advisers to the interim government are themselves expected to disclose their wealth, with an ordinance to this effect reportedly in the works. Therefore, public disclosure of Supreme Court judges' wealth statements would not only enhance public trust but also reinforce the judiciary's prestige and integrity. Such a measure would help ensure that those entrusted with delivering justice and upholding the law are beyond reproach and free from corruption—qualities essential for maintaining the credibility of the judicial system.

One may recall that Chief Adviser Prof Yunus had previously underscored the need for government employees to regularly submit wealth statements, highlighting the current government's clear stance against corruption. Extending this requirement to all Supreme Court judges—as well as judges in lower courts—seems only to be the right thing to do to ensure the integrity of all public institutions.

Last September, in a significant step toward accountability, the interim government amended the Government Servants (Conduct) Rules, 1979, making it mandatory for public servants to submit annual wealth statements for themselves, their spouses, and dependents. Public servants who fail to comply with this requirement risk facing disciplinary action. Over the years, in the absence of such transparency measures, corruption has become widespread across the public service sector. Implementing wealth disclosure for judges should be seen as critical to addressing the potential risks of such corruption in the judicial system.

One may recall that Chief Adviser Prof Yunus had previously underscored the need for government employees to regularly submit wealth statements, highlighting the current government's clear stance against corruption. Extending this requirement to all Supreme Court judges—as well as judges in lower courts—seems only to be the right thing to do to ensure the integrity of all public institutions.

The interim government's stated goal is to create a governance system that is accountable to the people. To that end, it should promptly issue an ordinance mandating both the submission and public disclosure of judges' wealth statements, which could be formalised into law by a future elected government. Additionally, a robust mechanism should be established to thoroughly scrutinise these statements, so that anyone found involved in corruption can be held accountable.​

 

[Saif]

Justice for Sale: Case Files Found at Tk 16 per Kg

Who knew justice could be 'that' quick, or cheap?

www.thedailystar.net

Satire
Justice for Sale: Case Files Found at Tk 16 per Kg

Illustration: Jean Paul Satire

In a surprising turn of events, justice in Chattogram was found—at a scrap shop, no less—for just Tk 16 per kilogram. Yes, you read that right. Straight out of the script of legal comedy, a whopping 1,911 case files vanished from the Chattagram Metropolitan Court, only to be found in a scrap shop, being sold as "recycled justice."

It seems justice isn't just blind—it's on clearance! Probably on sale!

Any guesses as to who was the mastermind behind this daring operation? A tea seller, naturally. Sick of watching the wheels of justice turn slower than his kettle, he decided to speed things up by packing nine sacks of case files and selling them to a scrap dealer.

Who knew justice could be 'that' quick, or cheap?

The scrap dealer, probably thinking he was getting in on the ground floor of the latest paper trend, didn't bat an eye. To him, paper's paper—whether it's your grocery list or a witness statement.

Meanwhile, law enforcers were left in a frenzy, trying to figure out how to recover the files, likely while sipping tea to calm their nerves.

Now that the files are back where they belong, it's clear: Chattogram's justice system now operates on a "pay by the kilo" model. At Tk 16 per kg, it's cheaper than your breakfast and faster than the entire court system combined.

Who knew the price of justice could be so 'light'?​