Judiciary freed from executive control

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Inaugurating the historic separation of the Judiciary from the Executive control, Chief Adviser (CA) Dr Fakhruddin Ahmed Thursday directed all the officials and employees of the Republic to extend all out cooperation in the activities of the Judiciary department as per directives of the Constitution, reports UNB.
He called upon all the officials of the Executive department alongside the Judiciary department to carry out their respective responsibilities in the changed situation with honesty, sincerity, patriotism and farsightedness.
The head of the Caretaker Government, flanked by the Chief Justice and the Law, Justice and Parliamentary Affairs Adviser, formally inaugurated Dhaka District Judicial Magistracy and Dhaka Metropolitan Magistracy by unveiling a plaque of the inaugural stones at the Bangladesh-China Friendship Conference Centre in the morning.
The CA said, as per the decision taken by the Supreme Court, led by the Chief Justice, the Code of Criminal Procedure (Amendment) Ordinance has become effective from Thursday. As a consequence, two different magistracies - Judicial and Executive - have started their journey.
"This day is, therefore, a memorable day for millions of Bangladeshis who seek justice in society, economy and governance," he said.
Dr Fakhruddin hoped that the Judiciary department would carry out its responsibility as per expectations of the people, and uphold the Constitution with honesty and firmly remembering that "the words of justice must not go in vain."
Chief Justice Md Ruhul Amin spoke as the special guest at the historic event, chaired by Law Adviser Barrister Mainul Hosein. Law Secretary Kazi Habibul Awal made the welcome address.
Former chief justices - Mostafa Kamal, M Habibur Rahman, Latifur Rahman, Mahmudul Amin Chowdhury, KM Hasan and Syed JR Mudassir Husain - were also present at the function, organised by the Ministry of Law.
Advisers of the Caretaker Government, sitting and former judges of the Supreme Court, noted jurists, diplomats, high dignitaries and distinguished personalities along with senior civil and military officials were also present in the function.
The CA in his speech said, the country would have to intensify the struggle to make the Independence, earned at the cost of the blood of three million martyrs, more meaningful, and to realise the noble goals of economic emancipation and a society based on justice.
"We must be successful through united effort in flourishing democracy in the country, ensuring socio-economic progress and establishing rule of law."
He said, separation of Judiciary is undoubtedly a timely and legal step, but it is not enough to ensure justice.
The measures, he said, have led to the initiation of significant reforms in the Judiciary magistracy, but for its true success, it is imperative that reforms should also take place in three other pillars of the criminal justice system - the police, the courts and the legal profession.
Dr Fakhruddin said, during its limited period it may not be possible for the present government to complete the reform tasks in these fields, but he firmly spoke at the function about his government's resolution to take the process ahead.
He sought the countrymen's unqualified support for the success of the government efforts and reforms.
The CA said, it is not only to establish rule of law in the country, the one of the main objectives of the government is to establish good governance in the country.
He said, there is necessity of the executive magistrates in the interest of good governance, capable administration and people-oriented activities like - taking preventive measures for protecting law and order, setting up of mobile courts for various reasons, land acquisition and so on.
Saying separation of Judiciary has taken place according to the directive of the Constitution, Dr Fakhruddin said. The day (Nov 1) would remain as a glorious milestone in the advancement of establishing good governance and rule of law in the country.
He mentioned that Article 22 of the country's Constitution stipulates the separation of Judiciary from the Executive.
Immediately after assuming office, the present Caretaker Government took measures to expedite the separation. Only four days after its assumption of office, the government promulgated four complete and consistent rules for the purpose after repealing the previous four incomplete rules, issued in 2006.
As a follow up, he added, the government also promulgated the `Code of Criminal Procedure (Amendment) Ordinance 2007' after thoroughly examining the Code of Criminal Procedure Bill, which was placed in the previous Jatiya Sangsad (parliament).
The CA said, the government has created a total of 4,273 posts for the judicial magistracy including 655 posts for the judicial magistrates and 3,618 posts for the support staff towards facilitating an effective and functioning independent Judiciary.
The government has already appointed Chief Metropolitan Magistrate, Chief Judicial Magistrate and other Judicial Magistrates.
He said, the powers and responsibilities of the state in a democratic country like Bangladesh rest with three separate organs - the Executive, the Legislature and the Judiciary.
Dr Fakhruddin mentioned that throughout the history the doctrine of separation of powers of the state has been considered essential to the fulfilment of democracy. The doctrine profoundly inspired political thought in the 18th Century, and played an important part in the theory and practice of constitution-making.
The CA said, "A social structure can remain coherent and cohesive only with the aid of a strong judicial system." Thus in democratic states such as Bangladesh, he said, the Constitution provides for the independence of judges while endowing the Judiciary with adequate powers to protect the fundamental rights of the citizens, and uphold the supremacy of the Constitution.
He added that the administration of justice in a democracy requires that laws should be justly administered not only between citizens on the one hand but also between each citizen and the state, on the other.
If the Judiciary is not independent or is subservient to the Executive, then it is bound to have greater regard for the wishes of the authorities concerned than for justice.