Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 803 Tue. August 29, 2006  
   
Front Page


SC Bar body worried over judiciary


The Supreme Court Bar Association (SCBA) yesterday said the nation has plunged into a "grave crisis" with the judiciary put at stake and the constitution trampled.

"We, the members of the Bar, today have no alternative but to leave it to the court of the people to judge and resist the evil designs for the interest of free judiciary, constitution and democracy," SCBA President Barrister Amir-Ul Islam told a press conference in the association's hall room.

Former SCBA president Dr Kamal Hossain, Vice-Chairman of the Bar Council Barrister Rokanuddin Mahmud and senior lawyer Humayun Hossain Khan also expressed their concern over confirmation of 17 High Court judges, acquittal of Ershad of corruption cases and government's failure in separating the judiciary in the last five years.

They stated how the 17 additional judges were confirmed as High Court judges on sheer consideration of "political loyalty" ignoring the opinion of the chief justice.

"The confirmation of most judges was made without considering their merit, competence, experience and acumen of law… Here party loyalty was the only criteria," the Bar president said.

Moreover, he said, another High Court judge, Justice Joynul Abedin, has recently been elevated to the Appellate Division by superseding his three seniors "on political consideration".

On the longstanding issue of separating the judiciary from the executive, Barrister Islam said the Supreme Court's 12-point directives in the Mazdar Hossain case was completely ignored by the government on the question of judiciary separation.

Instead of separating the judiciary, the government rules made the lower judiciary subordinate to the executive where the executive would control appointment, promotion and transfer of judicial officers in the lower court.

Referring to the latest adjournment of hearing up to November 7, he said the adjournment order virtually acquitted the government of its declared pledge to separate the judiciary within its five-year tenure.

Deploring what he said the withdrawal of corruption cases against Ershad to fulfil his pre-condition to join the four-party alliance, the SCBA president observed that this action has not only exposed the chief executive of the state but also tarnished the image and prestige of the judiciary.

He was also critical of the law minister for initiating a move to exclude the "proclamation of independence” from the constitution. He said the proclamation of independence is the genesis of the country's constitution.

"The country now stands at a dangerous crossroads while the judicial system is in jeopardy,” he said, urging national political leadership and conscientious citizens to stand by the lawyers to protest all these evils.

He announced that the Supreme Court Bar Association and other Bar associations throughout the country would stage demonstrations on August 30 to register their protest.

Eminent jurist Dr Kamal Hossain said "a grave crisis has been created" as the government finally did not execute the Supreme Court judgment on separation of the judiciary from the executive despite taking 20 to 25 times extension in the last five years.

"There is nothing could be more shame than this where the secretaries of the Prime Minister's Office, law ministry, finance ministry and establishment ministry had to stand in the dock for violating the judgment in the Mazdar Hossain case concerning the judiciary separation."

On the issue of confirming the 17 additional judges, he said some "controversial" persons, who never visited the High Court, were made judges, ignoring the opinion of the chief justice.

Dr Kamal said the chief justice did not recommend the confirmation of four judges out of the 17 on the list, but the government did not show respect to the recommendation of the chief justice.

He said the two judges stated incompetent to become High Court judge were confirmed by the government.

Dr Kamal observed an evil axis has started striking the state, constitution and national security. "This force is patronising bombs and terrorism, pushing the existence of the state towards ruination."

Barrister Rokanuddin Mahmud said this is unprecedented in 35-year history of Bangladesh that the judges were confirmed without paying heed to the chief justice. " It's a clear intervention of the government in the judiciary," he noted.

Citing example of Pakistan, he said even under military rule, opinion of the chief justice of the Supreme Court is placed high in appointing judges of the High Court and the Supreme Court.

He termed the withdrawal of corruption cases against Ershad a "naked use of power by the executive". He lamented how the appointment process of the judges has been "politicised" and lower judiciary made "subordinate to the executive".

Barrister Rokon and Barrister Islam both observed that a provision of caretaker government under the 13th amendment to appoint the immediate-retired chief justice as chief advisor led the government to politicise the higher judiciary.

On the issue of JMB kingpins, he said when nearly 1,000 condemned convicts are kept in the condemn cells in jails why the government has kept Abdur Rahman, Bangla Bhai and others in a special place providing all hospitalities.

Picture
Eminent jurist Dr Kamal Hossain speaks at a press conference at the Supreme Court Bar Association hall room in the city yesterday. On his left are Barrister Amir-Ul Islam and Barrister Rokanuddin Mahmud. PHOTO: STAR