Keep judiciary free from political interference
The judiciary must be kept free from political interference in order to ensure its proper independence, said speakers at a discussion yesterday.
The discussion, titled “Independence of the Judiciary: Overall Reforms of the State,” was organised by the University Press Limited (UPL) at its office in the capital on the 25th anniversary of the Supreme Court verdict in the Masdar Hossain (judiciary separation) Case and 17th anniversary of implementation of the directives.
Speaking at the event, Barrister Sara Hossain, senior lawyer of the Supreme Court, said, “The judiciary must be independent not only institutionally but also professionally. The appointments and removal of judges must be done based on specific rules or criteria for the sake of transparency.”
Many lower court judges had refused to grant bail to many prominent persons but they are still in good positions, said Barrister Hossain, also the honorary director of Bangladesh Legal Aid and Services Trust (BLAST).
Some judges had to think about a lot of factors to grant bail to prominent persons like Prof Muhammad Yunus in cases against him, she said.
Dr Ridwanul Haque, a former teacher of Law at Dhaka University, said the judiciary must be recognised as an institution.
“The lower judiciary was completely subservient for the last 15 years as it was controlled by the then government. Many people involved in that government have earned crores of taka using the lower judiciary,” he said.
Former chief justice ABM Khairul Haque had a big role in scrapping the caretaker government system, and through this, the judiciary has been politicised, he added.
The judiciary must be independent not only institutionally but also professionally. The appointments and removal of judges must be done based on specific rules or criteria for the sake of transparency.
He said politicians and lawyers should be brought to accountability to ensure the independence of the judiciary.
Ridwanul also welcomed Chief Justice Syed Refaat Ahmed’s recent initiative to send a proposal for establishing a separate secretariat for the judiciary.
Supreme Court lawyer Jyotirmoy Barua said the lower judiciary had been kept occupied for the last 16 years.
False and fabricated cases were filed against people, particularly the opposition leaders and activists, but they did not get bail from the lower courts for long periods, he said.
The lower judiciary was completely subservient for the last 15 years as it was controlled by the then government. Many people involved in that government have earned crores of taka using the lower judiciary.
Even after the High Court and Appellate Division granted bail to many of them, they wouldn’t be released by jail authorities without permission from government agencies like DGFI and Rab, he said.
Jyotirmoy also said 12 HC judges have been forced to go on leave, which is not decent, and it is urgent to come out of this culture.
Zonayed Saki, chief coordinator of Ganosamhati Andolan, told the meeting that specific guidelines are needed for the appointment of judges.
Barrister Rumin Farhana, an SC lawyer and a BNP leader, said none of the political governments wanted the judiciary to be independent.
The governments led by Awami League and BNP did not implement the SC’s 12 directives in the Masdar Hossain case for separating the judiciary from the executive, she said.
Even the SC judges’ retirement ages had been increased by amending the constitution to keep the next caretaker government in favour, she said.
Rumin said the AL government had formulated the Mobile Court Act, 2009 to run the mobile courts through the executive magistrates to control the judiciary.
The HC had declared the relevant rules of the Mobile Court Act illegal and unconstitutional, but the Appellate Division stayed the HC verdict following the government’s appeal, she said, adding that no attorney general has taken the initiative to lift the stay order.
Presiding over the discussion, Nurul Kabir, editor of the English daily New Age, said a proposal was sent to the government from the SC 12 years ago for establishing a separate secretariat for the judiciary, but the government did not respond.
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