A fully independent judiciary with separate attorney service and the setting up of high court in all divisions of Bangladesh have been proposed by the Judicial Reform Commission, among a slew of recommendations.
It also recommends provisions of appointing the senior-most judge of the appellate division of the Supreme Court as chief justice.
The Judiciary Reform Commission Wednesday submitted its recommendations to chief adviser Dr Muhammad Yunus, alongside massive administration-reform recommendations submitted by another commission.
But the recommendations make it clear that the move to set up HC benches in divisional headquarters "should be done in a manner so that the plenary jurisdiction of the SC should be intact and its authority over the entire country remains unaffected".
The commission, headed by Justice Shah Abu Naeem Mominur Rahman, handed over their report to Chief Adviser Prof Yunus at the state guesthouse Jamuna.
In the report the commission also prescribes the formation of a nine- member council headed by the Chief Justice for appointment of justices of the Supreme Court.
It also recommends changes in the qualifications of judges, saying that 15 years' professional experience is required to be an SC judge instead of the present 10 years.
The minimum age limit to become a judge is set at 48 years in the recommendation.
It has also proposed raising the retirement age of a judge to 70 years from the present 67 years, effective for the judges to be appointed from now on.
Judiciary Reform Commission has proposed making the country's judiciary fully independent, Chief Adviser's Press Secretary Shafiqul Alam said on Wednesday.
"Although previous governments had stated that the judiciary was independent, but it was not independent at all. That's why the Judiciary Reform Commission proposes making the judiciary fully independent," he told a press briefing in front of the State Guest House Jamuna in the afternoon.
Earlier on the day, Judiciary Reform Commission Chief Justice Shah Abu Naeem Mominur Rahman and Public Administration Reform Commission chairman Abdul Muyeed Chowdhury handed over their respective commissions' reports to Chief Adviser Professor Muhammad Yunus at Jamuna.
Members of the commissions were present on the occasion.
Speaking at the press briefing, Shafiqul said the Judiciary Reform Commission's report is a big 52-page one and in some cases, constitutional amendments would be needed to fully implement the recommendations of the report.
He said the commission also proposed introducing permanent attorney service by hiring manpower following procedures like BCS.
It also recommended establishing a separate investigation agency, the press secretary said, adding that generally police investigate crimes taking place in the country and often the political governments use police during probes.
The investigation of police is sometimes faulty and those can be manipulated in many cases, so the commission suggests establishment of a separate investigation agency, he added.
Shafiqul said the commission also proposed establishment of permanent benches of the Supreme Court at divisional level, while magistrate court at upazila level and expanding legal services at village level.
Chief Adviser's Deputy Press Secretaries Abul Kalam Azad Majumder and Apurba Jahangir and Senior Assistant Press Secretary Foyez Ahammad were present at the press briefing.
The Judiciary Reform Commission (JRC) also proposed to give enough authority to the Supreme Judicial Council to probe the allegations against judges spontaneously even without receiving any request from the President and make recommendations of taking necessary actions in this regard.
The commission also suggested giving priority to the decision of the chief justice in fixing the number of judges at both the divisions of the Supreme Court and formulating provision to appoint senior-most judge as the chief justice at the Appellate Division.
The apex court on October 20, 2024, reinstated the Supreme Judicial Council to remove apex court judges for incapacity or violating the code of conduct as the Appellate Division disposed of a plea to review its judgment that had declared the 16th constitutional amendment illegal.
Proposal was also made for devising and subsequently publishing a code of conduct for people holding positions who cannot be removed except through the procedures applicable for the Supreme Court judges and former judges, officially by the Supreme Judicial Council.
The JRC also proposed to enact an act to form a "Supreme Court Judge Appointment Commission" consisting of nine members, headed by the Chief Justice, to appoint Supreme Court judges in the most transparent process possible.
It recommended amending the article 116 of the Constitution and establishing a separate Supreme Court Secretariat, to bring full control of the Supreme Court over the transfer, promotion, leave and disciplinary matters of the judges of the subordinate courts, ending the executive authority. The JRC also proposed to amend the relevant rules of the Judicial Service Commission.
Chief Justice Syed Refaat Ahmed on October 27 sent a proposal to the Ministry of Law, Justice and Parliamentary Affairs, recommending establishing a separate secretariat for the judiciary.
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