Bangladesh's judicial system has faced many challenges since the country's in dependence. The 1972 Constitution, for instance, established a Supreme Court and formally adopted the principle of the separation of the judiciary from the executive organs of the state. The development of the judiciary henceforth can be marked by some major changes. In 1975, the parliamentary structure country was replaced by presidential rule through the Fourth Amendment to the 1972's constitution. The move significantly curtailed independence of the judiciary and the Supreme Court's jurisdiction over enforcement of fundamental rights. The darkest chapter of the country's judicial history was the last 16 plus years when the judiciary was turned into a tool of coercion in the hands of country's autocratic regime.
The July 2024's upsurge and the political changeover that ensued saw efforts to revamp the judiciary and ensure its independence from the executive organ of the state. Notably, following the assumption of office by the interim government on August 8, 2024, the judiciary witnessed some positive developments. In this connection, on August 11, 2024, Dr Syed Refaat Ahmed was sworn in as the 25th Chief Justice of Bangladesh. Since then, he undertook certain steps to reform the judiciary. He is set to retire on December 27, 2025. Against this backdrop, on the eve of his retirement, the Chief Justice on December 14, reportedly, delivered his farewell address to the district judges, metropolitan sessions judges, chief judicial magistrates and chief metropolitan magistrates at the Supreme Court auditorium. There he dwelt at length on the measures he undertook during his tenure in office to revamp the country's judicial system. Especially, the points he highlighted are learnt to have included the reforms measures undertaken over the past one and a half years to implement the roadmap for judicial reform and overall development that was initiated. The other subjects that his farewell address to the judicial officials of the country, reportedly, included the ongoing judicial reforms, the expansion of technology-based services, improving the professional skills of judicial officers, ensuring transparency in court operations, enhancing the efficiency of lower court judges, facilitating easier access to justice for citizens, and providing key guidance to reduce case backlogs.
Notably, after taking office as the chief justice, he announced a historic roadmap for judicial reforms for all judicial officers. The roadmap outlined establishing a separate secretariat for the judiciary, drafting specific laws for judicial appointments in higher courts, creating specialized courts for the judiciary, preventing corruption, and implementing various other reforms. Over the past one and a half years, multiple reforms have been carried out in line with the roadmap. Evidently, the focus of measures undertaken has been to ensure that the judiciary can play its due role as the guardian of the constitution upholding peace, order, and fair rules for everyone, regardless of power or wealth. Having said that it would also be worthwhile to recall the not-so-envious role the judiciary played during the autocracy that had definitely been a blot on the nation's judicial landscape.
Notably, the Chief Justice, too, did not mince words, but was rather scathing in his observation about the role the judiciary sometimes played during certain political periods. During those times the judiciary was perceived as an undeclared accomplice to the unconstitutional exercise of power and misrule. Undeniably, in Bangladesh's progress, many distinguished judges earned deep respect through their wisdom, sense of sacrifice and moral courage. Yet, at times some judges have directly or indirectly sheltered misrule and participated in the acts of injustice. It is believed the hard work that has gone behind reforming the judiciary and establishing its independence during the rather short tenure of the outgoing Chief Justice in his office has been worth the effort. Let us hope, henceforth, the judiciary would strive to become, as the maxim goes, the last hope of the common man.
