Shift in judiciary upsets magistrates
Sunday, 21 October 2007
Commotion has brewed among field-level administrators as judicial magistrates are set to take charge from executive magistrates in less than two weeks, reports bdnews24.com.
Government officials have showed their unease with the possible change of the balance of power as the stage is set for separation of the judiciary from executive from November 1.
As many as 179 people have been made judicial magistrates in an effort to carve out a free judiciary.
Kazi Md Aminul Islam, secretary to the Chief Adviser's Office, said Saturday that judicial magistrates would conduct all judicial work from the day.
"On the other hand, deputy commissioners, UNOs and magistrates (executive) will be responsible for only executive magistracy," he said.
But the officials are not happy and it became visible Saturday at a moment when the Bangladesh Judicial Service Association separately sought cooperation from all to go ahead with the upcoming change.
Abu Mohammad Moniruzzaman Khan, president of Bangladesh Civil Service (Cadre) Association, said many officials from various levels have conveyed their "grievances" to him about the possible change.
He said they would hold a discussion Sunday in Dhaka to receive opinions from the officials.
"We'll put a course of action in place after taking opinions from all," Khan said.
He, however, said all are happy with the decision of separating the judiciary from executive but the government should empower the officials with necessary powers to discharge their responsibilities.
"Concern has been conveyed to the highest level of the government. I wish the government will look into it," he told the news agency.
Separately, secretary general of the BCS (Cadre) association and deputy commissioner of Dhaka Mohammad Kamaluddin said they would not be able to discharge their duty if all powers of the executive magistrates are seized.
"It will hamper field-level activities of the administration making the whole thing complex," he said.
If the DCs, UNOs and magistrates are stripped of the magistracy powers they would lose their importance at field level, he said.
Meanwhile, some magistrates talking to the news agency also expressed their anxiety.
They sought attention from the government about their concern so that their long-practised experiences do not become fruitless.
Some of them even warned that many officials might not cooperate with the government if a "positive response" does not come in line with their demand.
Association leader Moniruzzaman Khan, however, did not agree with their formula of non-cooperation.
"We are part of the government. No question of non-cooperation arises here. If anybody goes for that he will do so at his own risk," Khan said.
"We see the whole thing from a positive angle. I hope the government's response will be the same."
At a news briefing at the office of the Supreme Court registrar, the judicial association leaders said the separation was necessary to ensure the rule of law.
"It could not be done in 36 years. People's expectations will be fulfilled through it. They will get justice," said AKM Ishtiaque Hussain, president of the association and Dhaka district and sessions judge.
Iktedar Ahmed, vice president of the association and Supreme Court registrar, said the process has just begun and it would take shape in phases.
A written statement distributed at the briefing said they would put the judiciary on a solid footing.
"Merit and neutrality" would be the judges' motto to uphold the dignity of the judiciary.
They also promised to earn "people's trust".
Iktedar said the appointment process would be complete in the next six months, and the executive magistrates have a scope to join judicial services if they want to.
"The independence of the judiciary is one of the basic principles of the Constitution," he said.
Government officials have showed their unease with the possible change of the balance of power as the stage is set for separation of the judiciary from executive from November 1.
As many as 179 people have been made judicial magistrates in an effort to carve out a free judiciary.
Kazi Md Aminul Islam, secretary to the Chief Adviser's Office, said Saturday that judicial magistrates would conduct all judicial work from the day.
"On the other hand, deputy commissioners, UNOs and magistrates (executive) will be responsible for only executive magistracy," he said.
But the officials are not happy and it became visible Saturday at a moment when the Bangladesh Judicial Service Association separately sought cooperation from all to go ahead with the upcoming change.
Abu Mohammad Moniruzzaman Khan, president of Bangladesh Civil Service (Cadre) Association, said many officials from various levels have conveyed their "grievances" to him about the possible change.
He said they would hold a discussion Sunday in Dhaka to receive opinions from the officials.
"We'll put a course of action in place after taking opinions from all," Khan said.
He, however, said all are happy with the decision of separating the judiciary from executive but the government should empower the officials with necessary powers to discharge their responsibilities.
"Concern has been conveyed to the highest level of the government. I wish the government will look into it," he told the news agency.
Separately, secretary general of the BCS (Cadre) association and deputy commissioner of Dhaka Mohammad Kamaluddin said they would not be able to discharge their duty if all powers of the executive magistrates are seized.
"It will hamper field-level activities of the administration making the whole thing complex," he said.
If the DCs, UNOs and magistrates are stripped of the magistracy powers they would lose their importance at field level, he said.
Meanwhile, some magistrates talking to the news agency also expressed their anxiety.
They sought attention from the government about their concern so that their long-practised experiences do not become fruitless.
Some of them even warned that many officials might not cooperate with the government if a "positive response" does not come in line with their demand.
Association leader Moniruzzaman Khan, however, did not agree with their formula of non-cooperation.
"We are part of the government. No question of non-cooperation arises here. If anybody goes for that he will do so at his own risk," Khan said.
"We see the whole thing from a positive angle. I hope the government's response will be the same."
At a news briefing at the office of the Supreme Court registrar, the judicial association leaders said the separation was necessary to ensure the rule of law.
"It could not be done in 36 years. People's expectations will be fulfilled through it. They will get justice," said AKM Ishtiaque Hussain, president of the association and Dhaka district and sessions judge.
Iktedar Ahmed, vice president of the association and Supreme Court registrar, said the process has just begun and it would take shape in phases.
A written statement distributed at the briefing said they would put the judiciary on a solid footing.
"Merit and neutrality" would be the judges' motto to uphold the dignity of the judiciary.
They also promised to earn "people's trust".
Iktedar said the appointment process would be complete in the next six months, and the executive magistrates have a scope to join judicial services if they want to.
"The independence of the judiciary is one of the basic principles of the Constitution," he said.