Separation
of judiciary: the sooner, the better
Hybat
Jan Chowdhury
Every nation has
a legal framework of its own, i.e. the Constitution . It sets the basic
rules by which the country is to be governed. Among many other essential
fields in any type of governance the one that is considered absolutely
indispensable for its healthy existence, sound stability, smooth running
and unhindered continuation is the country's legal system. That is why
in any democratic system we have the legislature where rules are framed
and laws are enacted keeping in mind the welfare and well being of the
people. Effective legal system, both on paper by legislation and on
the ground by its implementation, is viewed as most vital in a true
democratic governance. It has to strictly follow the law of the land,
uphold complete independence and remain free from any interference from
any quarter.
When one speaks
of legal matters, legal system, legal problems and legal implications,
one just cannot loose sight of the judiciary or the judicial system,
because one is intrinsic part of the other and both together constitute
an integral entity. One just cannot function without the other. A sound
judiciary is the pre-requisite to an effective legal system. Here lies
the essential and most vital need for an independent judiciary, the
complete separation of judiciary.
The demand for the
separation of judiciary from the executive is not a new one. People,
those who matter most and are genuinely concerned have all along been
voicing their concern and worry. We have already heard from the minister
of law, justice and parliamentary affairs that it would take years to
accomplish it. Is it so? How long people have to wait for such a thing
to happen? Enough explanations and excuses have been put forward in
order to justify the inability or delay. But why? Why the party when
in power is found reluctant but when in opposition is seen venting loud
cries for it?
The absence of an
independent judicial system leads to many types of interference from
various quarters that would impede the appropriate functioning of the
judiciary and eventually fails to draw the people's trust and confidence
that one expects to see. But the party in power finds it useful to meet
its needs of the time. Hardly, if ever, do they realise that such a
situation often throws the country's legal system into disarray and
that is exactly where we have sadly found ourselves at present. And
when the country's legal system gets into such a state one could clearly
see why and how the country's law and order situation is falling into
such a pathetic plight. People find themselves helpless and now appear
to have resigned to their fate although some faint hopes, even remotely,
keep on lingering in their hearts and minds that some day their dream
of a peaceful life might somehow be fulfilled.
Few days back a
media report revealed that some accused got bail at a time when the
hearing of those cases was taking place at the trial court. The report
has also said that some life-term convicts in seven separate murder
cases have been released on bail recently. This reminds us of some locally
familiar but popular sayings such as "pardon after seven murders",
"cat turning into saint after killing seven mice". Once such
people i.e. the accused and the convicts move around scot-free, would
it contribute to the improvement of law and order situation? And would
the families of victims and witnesses of those cases be protected from
undue influence, threat or harm emanating from the accused and the convicts?
Perhaps the consequences of such actions have been overlooked or ignored
by those who matter most and thus obviously fail to perceive what appalling
results would ensue following the release of these convicts.
Once the country's
law and order situation goes out of control no amount of joint operation
of police, army, BDR could ever bring back the required discipline and
order. We are in dire need of proper discipline in every sector. Any
legal action to bring in such kind of discipline ought to have some
effective umbrella of a potent legal system, not only on paper but also
on its implementation in the field. This is more the reason that the
country's judicial system be separated from the executive and made completely
independent without any further delay. The sooner we accomplish it the
better it would be for the people and the government alike.
The
author is a former senior official of International Civil Service.
