Chief Justice Syed Refaat Ahmed on Saturday addressed the judges of the lower courts, emphasizing the importance of maintaining the independence of the judiciary from the executive branch and the legislature. His remarks echoed the aspirations of every individual seeking justice, stating that the primary duty of the judiciary is to uphold the rule of law rather than merely serve the interests of the rulers.
Our leaders misused the law in judicial matters in the past. Appointments within the judiciary have often been made based on personal preference rather than merit, with seniority being disregarded. The current chief justice, along with many others, had experienced such violations of seniority.
The chief justice identified nearly all the problems plaguing the judiciary, including a severe shortage of judges in proportion to the number of cases, a lack of cooperative spirit between the bar and the bench, infrastructural deficiencies in the courts, and the absence of rational and acceptable policies for the transfer and promotion of lower court judges. Additionally, there are no laws governing the appointment, permanent, or promotion of justices in higher courts.
It is unfortunate that while there are separate secretariats for the election commission and the national parliament in Bangladesh, there is no distinct secretariat for the judiciary. This clearly reflects the executive branch's hostile and discriminatory attitude towards the judiciary. Past governments have never shown genuine commitment to separating the judiciary from the executive.
Like the chief justice, the public hopes that the interim government will take necessary steps to establish an independent judiciary as soon as possible. The interim government has already formed a commission to reform the judiciary, led by former justice Shah Abu Naim Mominur Rahman, which will begin its work on 1 October and will take at least three months to present its report.
According to individuals involved in law and justice, it is extremely unfortunate that the judiciary remains unseparated even after the Masdar Hossain case verdict. The promises made by various governments regarding this issue should be publicly disclosed, along with their actions once in power.
All the past governments have used lower courts as tools for their political interests, and this must be stopped at all costs. The chief justice has called for a law concerning the appointment of Supreme Court justices, which is essential. However, there must also be safeguards to prevent the misuse of such laws in the future. The recently resigned election commission was established through law but failed to protect the voting rights of the people, instead serving the interests of those in power.
In this context, we believe this would not be appropriate to leave the judiciary for a political government to reform. At the very least, the interim government can proceed with the appointment of judges and the establishment of a separate secretariat for the judiciary.
During the event, law advisor Asif Nazrul spoke about the need to establish the rule of law and to end the indiscriminate filing of cases and harassment of individuals through the judicial system. A change in mindset among law enforcement agency members is also necessary. Who will carry out this task? The law enforcement agencies fall under the home ministry. Therefore, to put an end to indiscriminate harassment through legal actions, the law ministry and the home ministry must work in coordination.