Separation of Judiciary soon to be a reality
The ministry of Law confirmed that the CG will soon submit the draft gazette notification to Supreme Court to establish an independent Judicial Service . The proposal, once approved by the CA will go to the president. The magistrates will then work under the Supreme Court and the Lower Court will be free of govt control. The separation will be final by an amendment to the Code of Criminal Procedure (CrPC) as per the 12-point directive of the Supreme Court (SC) given in 1999. Since then past govt(s) dodged 22 deadlines set by SC for issuing the required rulings .
The four sets of rules are-
* Bangladesh Judicial Service Commission Rules,
* Bangladesh Judicial Service (Pay-Commission) Rules,
* Bangladesh Judicial Service (Formation of Service, Appointment, Promotion in the Service and Temporary Suspension and Removal) Rules and
* Bangladesh Judicial Service (Determination of Service Place, Controlling of Granting Leave, Maintaining Discipline and others Conditions of Employment) Rules.
January 16th, 2007 at 2:04 pm
That will be a great achievement to start with. To pull something heavy you need to put your feet firmly in the ground. The separation of Judiciary is the first phase of putting the feet on the ground.
January 16th, 2007 at 3:18 pm
Let’s hope, before the separation is completed, the few blatantly corrupt justices (with fake degree; the one who sought MP nomination, etc.; and let’s not forget Jainul Abedin, in a category of his own, all by himself) or for that matter any justice with the slightest smear on their integrity are fired. After all, when it comes to (in)justice, perception is as good as reality.
January 16th, 2007 at 11:30 pm
Unfortunately, separation of the Judiciary from the Executive does not mean that we will get rid of the corrupt/incompetent Judges in the Supreme Court. Separation only means that the lower judiciary is likely to be taken out of the clutches of the Executive and brought under the supervision and control of the Supreme Court.
In any case this is still a welcome change. It shows that if there is political will difficult problems can be solved. Separation of the judiciary was a commitment made by all the political parties involved in the anti-Ershad movement. It is unfortunate that both the AL and the BNP ignored this demand during their tenures. Sixteen years of democracy failed to deliver what the caretaker can now take credit for delivering in seven days!
We congratulate the caretaker government for taking these concrete and tangible steps.
January 17th, 2007 at 12:43 am
It is probably one of the best things to happen to Bangladesh after independence. Hopefully, the cleansing process of the judiciary will start soon after the separation is complete.
January 18th, 2007 at 10:51 am
If the seperation of the Judiciary is completed by the CTG will this be placed again in the Parliament for giving it a legal status- will then there be a chance to be challenged by the political paries that this seperation done by CTG doesnt stand ground as not sanctioned by the Parliament Members-atleast 2/3rd majority- Just asking to improve my knowledge as a lay man.Please be kind to respond.
October 27th, 2007 at 11:05 am
[...] As per the 12-point directive of the Supreme Court (SC) given in 1999 the current caretaker government initiated the issuance of the four necessary rulings in January to implement the constitutional imperative. — Source. [...]
October 27th, 2007 at 1:27 pm
Hope its the right thing to do and that the judiciary can learn fast, perform better and more justly.
Hope the judiciary makes a pigs arse of it. bangladeshi society would benefit from measured and considered judgement.
October 27th, 2007 at 4:06 pm
Shahed ,If It is just eye wash I am sorry to say It will be the worst Part. Rezwan has
done a Nice post In E-Bangladesh about this
http://www.e-bangladesh.org/2007/10/27/separation-of-judiciary-an-eyewash/
My personal opinion is that If State of Emergency is not lifted there is no value of
such Independence. Barrister Mainul has already given an interview to the Nabanita of BBC . He clearly mentioned that they do not have any plan right now for the separate
ministry for the Judiciary which means Mainul and his law ministry will be always big boss over Judiciary.
October 31st, 2007 at 3:33 pm
The necessry stapes should be taken against those person for whome the separation was not done for a long time.