CJ's admonitions and his desires
Monday, 15 November 2010
Shamsul Huq Zahid
The Chief Justice (CJ) ABM Khairul Haque has said in public a few unpalatable truths about a section of judicial officers that are very much in line with the impression most people have about the country's judiciary.
The litigants discuss in private the moral and ethical decadence of a section of judicial officers engaged in the dispensation of justice in the lower courts. But they hardly vent out their frustration and anger for fear of what is widely known as 'contempt of court'.
While addressing the concluding session of a judicial conference in the Judges' Lounge of the Supreme Court Friday last, the CJ pointed out people's dissatisfaction at the performance of the judges at all levels. "The people of Bangladesh are not happy with us… with our performance, credibility, integrity and honesty … it's not only you (district judges and judicial officers of equivalent rank and status) but about all, starting from the top down to the bottom", he said.
The CJ said a section of the lower court judicial officers take bribes through their subordinates and highlighted how litigant public were made to suffer through deliberate delays in the dispensation of justice. He regretted that the people were losing confidence in the judiciary and urged the judges to rise above their personal interests and consider themselves as judges 'round the clock'.
The lower judiciary is seen by the litigant public more as an instrument of sufferings. Hundreds of thousands of cases are awaiting disposal at the lower courts because of the built-in lengthy legal process. The people seeking legal redress through the lower courts are subjected to harassment of all sorts, financial and otherwise.
Most people view the lower courts as places full of unscrupulous lawyers, dishonest court officials and touts of all sorts. Seeking of any legal redress means paying money to them for year after year. The poor people can hardly afford this kind of expenditure and hence they prefer to stay away from the courts. The general impression is that only the rich and powerful people can 'buy' justice for themselves from lower courts.
Under the prevailing circumstances, the poor and the weaker sections of the society are denied of justice.
However, a number of factors are responsible for the present state of affairs with the lower judiciary that concerns the majority of the population. The age-old and outdated laws, both civil and criminal, inadequate number of judicial officers, old system of record-keeping, unhealthy atmosphere etc., have been contributing to turn the courts as places that the people try to avoid.
No serious attempts have been made until now to update the laws except for brining in a few amendments to those from time to time. Unless the laws are updated and reformed keeping in view the demand of the time, the exploiters would continue to make dispensation of justice lengthy and cumbersome to achieve their evil interests.
There should be immediate efforts to increase the number of judicial officers in the lower courts along with hike in their compensation packages. The process of recruitment of judicial officers should be revised with a view to attracting competent and efficient people having track record of honesty and integrity.
The CJ at the last Friday's judicial conference also referred to the dilapidated conditions of the court buildings and overall unhealthy working atmosphere there. With the separation of the judiciary from the executive wing of the State, the onus to ensure healthy environment in lower courts now lies with the CJ. But it is the executive wing that would provide funds for the purpose. The administration has always been oblivious of its responsibility of ensuring a proper environment in lower courts. Hopefully, the government would take up a programme immediately to correct the situation.
The prevailing system of record-keeping in the lower courts is despicable and it requires gradual automation. It is most likely there would be resistance from within to any attempt to automate the record- keeping that would help expedite the process of dispensation of justice. But the authorities would have to take a firm stand on the issue.
Another gray area of the lower courts is the behind-the-scene interference of the government in their decision-making. There are plenty of instances of administrative attempt to influence the lower court decisions. Such interferences, in fact, distract the judicial officers from taking right legal decision and embolden them to indulge in corrupt practices.
The observations made by the CJ about the lower court judges are aimed at imbibing the latter with the spirit of fairness, truth and objectivity. Those might even come as appropriate signals to errant higher court judges, if there is any. The honest desire of the CJ is restoration of the lost public esteem for the judiciary. The members of the judiciary at all levels and the government, it is expected, would on their part contribute sincerely to the translation of his desire into reality.
The Chief Justice (CJ) ABM Khairul Haque has said in public a few unpalatable truths about a section of judicial officers that are very much in line with the impression most people have about the country's judiciary.
The litigants discuss in private the moral and ethical decadence of a section of judicial officers engaged in the dispensation of justice in the lower courts. But they hardly vent out their frustration and anger for fear of what is widely known as 'contempt of court'.
While addressing the concluding session of a judicial conference in the Judges' Lounge of the Supreme Court Friday last, the CJ pointed out people's dissatisfaction at the performance of the judges at all levels. "The people of Bangladesh are not happy with us… with our performance, credibility, integrity and honesty … it's not only you (district judges and judicial officers of equivalent rank and status) but about all, starting from the top down to the bottom", he said.
The CJ said a section of the lower court judicial officers take bribes through their subordinates and highlighted how litigant public were made to suffer through deliberate delays in the dispensation of justice. He regretted that the people were losing confidence in the judiciary and urged the judges to rise above their personal interests and consider themselves as judges 'round the clock'.
The lower judiciary is seen by the litigant public more as an instrument of sufferings. Hundreds of thousands of cases are awaiting disposal at the lower courts because of the built-in lengthy legal process. The people seeking legal redress through the lower courts are subjected to harassment of all sorts, financial and otherwise.
Most people view the lower courts as places full of unscrupulous lawyers, dishonest court officials and touts of all sorts. Seeking of any legal redress means paying money to them for year after year. The poor people can hardly afford this kind of expenditure and hence they prefer to stay away from the courts. The general impression is that only the rich and powerful people can 'buy' justice for themselves from lower courts.
Under the prevailing circumstances, the poor and the weaker sections of the society are denied of justice.
However, a number of factors are responsible for the present state of affairs with the lower judiciary that concerns the majority of the population. The age-old and outdated laws, both civil and criminal, inadequate number of judicial officers, old system of record-keeping, unhealthy atmosphere etc., have been contributing to turn the courts as places that the people try to avoid.
No serious attempts have been made until now to update the laws except for brining in a few amendments to those from time to time. Unless the laws are updated and reformed keeping in view the demand of the time, the exploiters would continue to make dispensation of justice lengthy and cumbersome to achieve their evil interests.
There should be immediate efforts to increase the number of judicial officers in the lower courts along with hike in their compensation packages. The process of recruitment of judicial officers should be revised with a view to attracting competent and efficient people having track record of honesty and integrity.
The CJ at the last Friday's judicial conference also referred to the dilapidated conditions of the court buildings and overall unhealthy working atmosphere there. With the separation of the judiciary from the executive wing of the State, the onus to ensure healthy environment in lower courts now lies with the CJ. But it is the executive wing that would provide funds for the purpose. The administration has always been oblivious of its responsibility of ensuring a proper environment in lower courts. Hopefully, the government would take up a programme immediately to correct the situation.
The prevailing system of record-keeping in the lower courts is despicable and it requires gradual automation. It is most likely there would be resistance from within to any attempt to automate the record- keeping that would help expedite the process of dispensation of justice. But the authorities would have to take a firm stand on the issue.
Another gray area of the lower courts is the behind-the-scene interference of the government in their decision-making. There are plenty of instances of administrative attempt to influence the lower court decisions. Such interferences, in fact, distract the judicial officers from taking right legal decision and embolden them to indulge in corrupt practices.
The observations made by the CJ about the lower court judges are aimed at imbibing the latter with the spirit of fairness, truth and objectivity. Those might even come as appropriate signals to errant higher court judges, if there is any. The honest desire of the CJ is restoration of the lost public esteem for the judiciary. The members of the judiciary at all levels and the government, it is expected, would on their part contribute sincerely to the translation of his desire into reality.