Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 447 Sun. August 28, 2005  
   
Letters to Editor


Separation of judiciary


In endorsement of the views expressed by Barrister Md. Abdul Halim in his learned article published in your daily dated Aug 13 on Separation of the Judiciary, I would like to add the following few lines.

A criminal case is set to motion either in the shape of complaint in the court of the magistrate having jurisdiction or in the police station in the shape of the first information report. Both these agencies/institutions are under direct control of the government through the Ministries of Establishment, Cabinet Affairs, Home Affairs and Law and Parliamentary Affairs as already pointed out by Barrister Halim. After disposal of the cases in the magistrate's court, the aggrieved parties in most cases prefer appeal in the court of the Sessions Judge concerned. But this court is also under the control of the Ministry of Law and Parliamentary Affairs, which is just another wing of the government. Hence, the appointment, posting, transfer, promotion, punishment etc. are all regulated by the Executive authorities. It is unfortunate that the government has not followed the directives of the Supreme Court for the 20th time since Nov 1999.

Politicisation of the government functionaries is talk of the country. But nothing has come out to mend the ills that are being reported daily in the media. It is believed by many that without an unholy alliance between the political authorities and executives the situation in the country would not have come to such a pass. Checks and balances between the different organs of the government are the most important requirement for a parliamentary democracy to work. In our country there are hardly any means for expression of public opinion, other than the newspapers and the TV which are not heeded by the authorities.

The government should act before it's too late.