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Govt takes exception to admn cadre commotion

October 22, 2007 00:00:00


The interim government Sunday warned against any commotion by the bureaucrats over separation of the Judiciary from the Executive, reports bdnews24.com.
The judiciary is set for its long-expected separation in line with the Constitution in less than two weeks, but many officials and magistrates from the administration cadre have expressed their unease over the new paradigm in the "balance of power."
"What the officials of the administration cadre are doing is unwanted at a moment when everything is ready," an influential member of the Council of Advisers said on condition of anonymity.
The reaction coincided with the issuance of a charter of demand by the administrators from a seminar, where they even threatened work abstention, if their demands are not met by November 1, the day of the official inauguration of the new arrangement.
The government has already appointed as many as 179 judicial magistrates in an effort to implement the separation, and full appointment to fill vacant positions is expected in the next six months.
Earlier, Bangladesh Civil Service (Cadre) Association President Abu Mohammad Moniruzzaman Khan Saturday said, many officials from various levels have conveyed their "grievances" to him about the planned changes.
At a seminar in the city's BIAM auditorium Sunday, attended by many incumbent and retired government officials, they put forward a 10-point charter of demand to cope with the new arrangement.
They said, the executive magistrates and field-level bureaucrats must be empowered so that they can exercise their powers to maintain law and order, conduct mobile court operations, preserve order at public examination centres, and also perform election duty.
Otherwise, they threatened to stop working from November 1. But their move has resulted only in irking the government.
The adviser blamed the officials for such retrograde mentality. "Some officials have spoiled everything in their attempt to control the Judiciary. They have issued bails to some people and put others in jail in line with their political masters' instructions," he said.
"Conducting trial is not their job. A separate set of people should be in place to do that. The Constitution has made it clear. I have talked to the Chief Adviser Sunday morning about the officials' move.
"Those who are doing these are not the government, but the government officials. They have to keep that point in mind," he said adding, "the officials think this interim government is weak. If they think that they will realise their demands by putting pressure on us, they're just living in a fool's paradise. They won't succeed."
Responding to a query the adviser said, "Why do they think that they will be worthless if their magistracy power is gone. They have other executive responsibilities. If they don't have any work, the government will look into that."
UNB adds: Civil bureaucrats Sunday vehemently opposed the separation of judiciary from the executive slated for November 1 as one administrative cadre officer threatened work stoppage in the civil administration if their demand is not met.
Magistrate Rokonuddowla in his fierce statement at a seminar on 'Separation of the Judiciary for Good Governance', organised by the Bangladesh Institute of Administrative Management (BIAM), demanded scrapping of the separation process.
He said all administrative cadre officers are aggrieved and shocked at the move for separating the judiciary, stripping them of judicial power.
"An anarchic situation has been created in the name of separating judiciary. This move must be scrapped," he said, adding the separation should not take place before 2011.
Rokonuddowla, popularly known for his anti-adulteration drive as magistrate, cautioned that if the separation of judiciary is implemented on November 1, the entire civil administration from upazila to the Secretariat would be deadlocked.
He also warned that after the lifting of the state of emergency, administration cadre officers would assemble in the capital and lay siege to the High Court.
However, Rokonuddowla's remarks were not well received by many of his colleagues present at the seminar.
Law and Information Adviser Barrister Mainul Hosein appeared highly critical of the remarks by the administrative cadre officers who, he said, "cannot oppose the separation of judiciary since they are part of the government."
"If they have anything to say they can talk to the higher level of the government. They cannot make political statements," he told the media.
The adviser said the separation of judiciary has been hanging for last 37 years. "It could not be done because of senior bureaucrats."
Meanwhile, the Bangladesh Judicial Service Association (BJSA) has said the separation of judiciary is being implemented in accordance with the constitutional mandate and the Supreme Court edicts fulfilling the long cherished aspirations of the people.
At an impromptu press briefing, BJSA vice-president and Supreme Court Registrar Iktidar Ahmed said the administrative cadre officers, who were engaged in judicial function, have been given the option to choose whether or not they would continue with the judicial job.
He said the judicial officers, on deputation to different government organisations, have been asked to return to the judicial service within three months.
Supreme Court Bar Association president Barrister M Amirul Islam sharply reacted to the position taken by the administrative cadre officers on the question of the separation of judiciary.
He said Rokonuddowla's remarks "are not only contemptuous of court, but is also tantamount to violation of constitution."
In a joint statement, Bangladesh Ain Samity president M Shahjahan and general secretary Saifur Rashid Sabuj have welcomed the decision to separate the judiciary effective November 1 as the people would reap its benefit.
Legal action should be taken against those opposing the separation of judiciary, they said.
In another statement, Dhaka Ainjibi Samity President Fakir Delwar Hossain and General Secretary Golam Mostafa Khan hailed the decision to separate judiciary from the executive. It was a long-cherished demand of the judiciary, they said. Similar statement was also given by Dhaka Metropolitan Bar Association President Ilias Ratan on the issue.
Most of the bar associations of the country condemned the activities of the administrative cadres and lent their support to the separation of the judiciary.


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