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Remove discrimination between judicial service, admn cadre: ASA

October 23, 2007 00:00:00


Despite protest by administrative cadre officers, Law Adviser Mainul Husein Monday vowed to implement the separation of the judiciary from the executive from November 1, reports UNB.
"If there's any problem we'll resolve it through discussions and understanding… The separation of the judiciary will be implemented from November 1," he told reporters after a meeting with a 10-member delegation of the Administrative Service Association (ASA) at his ministry.
ASA president BAPTC Rector Maniruzzaman, secretary general and Deputy Commissioner of Dhaka Kamaluddin led the delegation.
The delegation discussed with the Law Adviser the Association's position regarding the separation of the judiciary.
They said all members of ASA are willing to cooperate with the Supreme Court verdict relating to the separation of the judiciary.
The delegation said while separating the judiciary, it should be ensured that the legal authority of the field-level administration (District and upazila) and the authority to perform their duties and their status are not undermined in any way.
They said the discrimination created between the judicial service and the administrative cadre following the January 16 circular over absorption must be removed.
Terming the service conditions for the judicial and administrative officers as discriminatory, they said as per the circular administrative officers will have to have "satisfactory" service records of 8, 12 and 15 years while judicial officers require 4,7 and 10 years' service record for their absorption.
The delegation demanded amendment to Section 12 of the CrPc to appoint executive magistrates as special magistrates.
Land Secretary Moslehuddin, Law Secretary Habibul Awal, Information Secretary Didarul Anwar and BIAM DG Mohammad Sadique were present at the meeting.
The ASA's meeting with the Law Adviser took place a day after some officers of the administrative cadre service expressed strong protest against the separation of the judiciary from November 1.
Magistrate Rokonuddowla at a seminar at BIAM Sunday vehemently opposed the separation process and alleged that an anarchic situation is being created through the separation of the judiciary.
He even called for halting the function of the civil administration from November 1 if he is arrested for his remarks.
However, an official of the ASA delegation said what Rokonoddowla stated was his personal opinion. ASA does not endorse his remarks.
Bdnews24.com adds: The nearly one-and-a-half-hour meeting ended without any decision.
The Association leaders will meet the adviser again Tuesday and have expressed hope on finding a solution to the problem at the meeting.
Mainul told the reporters that they had discussed in detail how the separation could be made effective and a congenial relation maintained between the two conflicting groups.
Association president Moniruzzaman Khan refused comment on the matter.
The Association's secretary general Kamal Uddin said: "All problems will have peaceful solutions. We have discussed ways to run the administration properly. The government will take necessary measures in this regard."
Kamal Uddin said, "The date fixed for the separation of the judiciary will remain unchanged, but the government will look into the discrepancies."
Chief Justice M Ruhul Amin would ceremonially launch the historic event of separating the judiciary from the executive control over the subordinate courts on November 1.
With the inauguration of the separation at a landmark ceremony at the district court in Old Dhaka, the country's judiciary, one of the state organs, will be fully independent in its domain of dispensation of justice.
Informing the media about the preparation, Supreme Court Registrar Ikteder Ahmed Monday said, "The newly appointed judicial magistrates, who will get going with their function from November 1, have already started joining their respective courts."
Another report adds: Lawyers across the country will observe November 1 as judiciary-separation day to mark the triumph of their long-fought movement for independence of the judiciary.
"The decision was taken by the Supreme Court Bar Association (SCBA) and endorsed by all the district bar associations across the country," SCBA president Barrister M Amir-Ul Islam informed the newsmen at an impromptu press conference Monday.
Strongly condemning the remarks by the administrative cadre officers opposing separation of the judiciary from the executive control, Amir said, "They have echoed the mindset of the vested interested quarters of bureaucrats who felt insulted for separating the judiciary."

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