Judge's Writ Petition on Intimidation
Ex-CJ wonders if lower courts can work freely
Staff Correspondent
Former chief justice (CJ) Mahmudul Amin Choudhury yesterday expressed his surprise at the writ petition filed by a judge who complained of pressure by two public prosecutors (PP) and wondered if lower courts are able to operate freely.A judge is not supposed to be transferred within 16 months of his posting for administrative reasons, Choudhury said and asked why a judge would be transferred for administrative reasons since he works in the judiciary. He was speaking at a seminar on 'Rule of Law and Social Justice' at Sonargaon Hotel, organised by Legal Aid, a monthly legal affairs journal. Choudhury observed such issues becoming public through filing of writ petition have tainted the judiciary's image. "The PPs and GPs (government pleaders) are appointed on political considerations. They change with the change of government... The judges are expected to discharge their judicial duties impartially; but, in such an environment can they freely do so?" he asked. He said parliament is not the supreme authority, it functions in accordance with the constitution and rules of procedure. The Supreme Court is empowered to scrutinise the laws passed in parliament. "Laws are supposed to be enacted in public interest, but nowadays they are framed to advance the interest of a handful of people." Chief Justice Syed JR Mudassir Husain echoed Choudhury in saying that judicial independence means freedom from improper pressure by any quarter in the decision-making process. "Independence of the judiciary cannot be guaranteed without separation of judiciary," he observed. Husain said judiciary is the ultimate protector of the rule of law since each individual has the right to enjoy economic, social, cultural, civil and political rights in the country. "None can deny the fact that an impartial, efficient, competent and effective judiciary is a must for satisfactory functioning of democracy in the country." Justice Fazlul Karim was the keynote speaker while Justice M Ruhul Amin, Justice Joynul Abedin, Justice Habibur Rahman Khan, Attorney General AF Hassan Ariff, Barrister Mainul Hosein and Advocate Khan Saifur Rahman spoke in the seminar, chaired by Khawaja Golam Morshed.
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