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“All Citizens are Equal before Law and are Entitled to Equal Protection of Law”-Article 27 of the Constitution of the People’s Republic of Bangladesh



Issue No: 220
December 24, 2005

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Law Event

Judicial training with a difference

On November 21, 1985 Bangladesh Institute of Law and International Affairs ((BILIA) launched its judicial training programme for judicial officers for the first time in the country setting a milestone in judicial governance. BILIA Judicial Training is highly participatory in nature, and characterized by 'question & answer' sessions. In every training session, there is a slot allocated for participants to ask questions, make comments and share first hand experiences. The interaction sessions also help the participants in building rapport with their colleagues from various districts. BILIA invites more than one resource person in a training session.

From December 03 to December 08, 2005 BILIA conducted it's eighth round of Judicial Training Workshop for 20 Senior Assistant Judges across the country at BILIA auditorium under the project on Providing Judicial Training to Compliment the ongoing Legal and Judicial Reform Efforts. Ambassador Wali-ur Rahman, Director, BILIA inaugurated the programme when the whole nation is exposed to the most severe crisis after the liberation war of '71 arising out of series of bomb attacks by a section of fanatic terrorist to establish Islamic rule in Bangladesh. Loss of valuable life not due to natural disaster or liberation war, these suicide bombers in the name of the religious militancy are tracking without warning or regard for time or place slaughtering innocent people without regard to age, creed or profession.

Mr. Jagannath Parray, Senior Assistant Judge, from Jhalakati who participated at BILIA last May-June in the Judicial Training Workshop lost his life on 14th November by a suicide bomb attack.

Extreme fanaticism may create panic in the society; but it did not bar the courageous Senior Assistant Judges attending this Judicial Training Workshop. The terrorist sending a clear message to the judicial officers and other citizens of Bangladesh but their threats would not prevent from carrying on their duties, he added.

While referring the topics “Theory and practice of Alternative Dispute Resolution (ADR)” Mr. Justice Mustafa Kamal focused on the Change of Outlook, Merits of the Adversarial System, Demerits of Adversarial System, Advantages of the Consensual System, Techniques of the Mediators, Techniques of Achieving Confidence of both the Parties and Duties of the Court.

“Concept and Development of Independence of Judiciary” was discussed by Dr. Kamal Hossain Chairman of BILIA. He said that the concept of independence of judiciary has historically evolved from the experience of diverse societies and has drawn upon different values and ideals upheld by those societies. The judiciary depends for its effectiveness on the public confidence.

“Law making authorities and process in Bangladesh: The applicability of norms of International Law in our municipal courts” was discussed by Mr. Ziaur Rahman Khan, MP and Principal Md. Abdus Shahid, MP. They said that at a certain point of the colonial period, acts of Parliaments were known as Regulation. “Personal laws applicable in Bangladesh and need for their reform” was discussed by Mr. Justice Kazi Ebadul Haque. He said that the personal law of each community determines the private and personal life of Bangladeshis. “Concept and development and scope of public interest litigation and the role of judiciary” was conducted by advocate Alena Khan. She said that the public interest litigation is a part of the movement to ensure social justice. “Development and application of the Patent Act, Design Act, Copyright Act and Trademarks Act of Bangladesh” was conducted by Mr. Justice Mohammad Fazlul Karim. He said that it plays a very pivotal role in the development of industry, commerce and trade and in the growth of creative effort in almost every field of human endeavor. “Concept and development of independence of judiciary” presided by Justice Mr. ATM Afzal, He said that appointment of judges is a very important step in ensuring the independence of judiciary. Mr. Justice Md. Ruhul Amin provided his important comments on the “Independence of judiciary and Bangladesh judiciary in light of the Constitution and leading case laws”. He said that judiciary had always faced adversity but still then judiciary is acceptable, tolerable and respected. “Professional, ethics and code of conduct” was the topic for Mr. Justice Md. Tafazzal Islam. He said that a judge should be free from political activities and he should not deal with case in which he has personal interest. “Development, necessity, use and application of intellectual property laws in Bangladesh ” was the topic for BILIA Director Wali-ur Rahman. He focused various aspects of the issue. He said that the developing and least developed countries expect that they should be benefited because of the synergistic impact of free trade and the consequence globalization.

“Violence against Women: Current Situation and Trend, Relevant Laws and Need for Reform” was discussed by Advocate Sanaiya Fahim Ansari. “Juvenile justice administration: International standard and national legal framework (in light of the Convention on the Right of the Child (CRS) and other international instruments and Children Act 1974 and other necessary Laws) and need for Reform” was discussed by Mr. Ghassan Khalil, Chief of the Child Protection Section, UNICEF. He said that if the judges take the lead to resolve all the issues related by International instruments and Children act then the other people related to juvenile justice system of Bangladesh will come forward to act for the utmost benefit of the children.

“Case management system and the role of judges in light of existing laws and need for reform and a model of case management for Bangladesh” was addressed by Mr. Justice Mustafa Kamal. He said that case flow management denotes the management of the continuum of process and resources necessary to move a case from filling to disposition, whether that disposition is by settlement, guilty plea, dismissal, trial or other method. Mr. Quazi Faruque, Secretary General, CAB discussed on “Protection of consumers rights”. In his speech he stated that while rights of the consumer are to be protected, the consumer has certain responsibilities that they must fulfill, like critical awareness, taking action, social concern, and awareness on environmental aspects, etc.

At the concluding ceremony Barrister M. Amir-ul Islam, gave his valuable remarks towards the participants. Besides, Professor K.A.A Quamruddin and Barrister M. Amirul Islam handed over certificates to the participating Judges.

-- Law Desk

 
 
 


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