The future of our judiciary
Saturday, 8 May 2010
Talha J Ahmad
In recent weeks our judiciary, in particular the High Court Division of the Supreme Court, has gained much media space. Much of these spaces were filled with thoughts and opinions of experts, lawyers and concerned citizens regarding some of the newly appointed additional judges at the High Court. There has also been considerable debate about the role of the higher courts in the country with regards to certain cases before them.
Judiciary is always amongst the most important organs of any state. The existence of a fair, sophisticated and independent judiciary is an essential pre-condition for achieving a just, successful and stable country. This is why, barring some very contentious ideological issues, the judges of the highest courts in most civilised countries generally enjoy the greatest degree of respect and admiration. In most of the western world, judges enjoy great respect but this is earned through an impeccable personal record of scholarship, independence and pragmatism. They demonstrate prefect balance of theoretical knowledge, practical thinking and pragmatic approach to public policy issues.
Unfortunately, judges in the higher courts in Bangladesh were sometimes alleged to have been appointed on the narrowest of political considerations, giving rise to controversies. Despite this, for most part in our short history judges have enjoyed a reasonable degree of respect and the higher courts acted with dignity and independence. In recent years and months, the situation has, however, turned bad.
Our country has polarised beyond reasonably acceptable degree. We are getting divided, fractured, intolerant and often violent towards opposing views. The judiciary is the only hope of maintaining national cohesion. If the judiciary also becomes controversial, we will have little to hope for and a lot to despair. Our national cohesion and integrity will be threatened and the country will become unstable beyond imagination leading to the malfunctioning of the state organs and chaos.
Who are to be blamed and what can be done? The blame game is unhelpful and we should focus on what must be done to remedy the situation. But, before we can device strategies to revive our judiciary, we need to recognise some fundamental principles.
First of these principles is that we must recognise and fully appreciate that a well functioning, objective and independent judiciary is good for everyone. Without a fair, just and independent judiciary there will be no justice, remedy to inherent injustice and therefore everyone will be open to be at the receiving end of injustice. Perpetrators will be allowed to commit crime with impunity.
Once we recognise the need for impartial and independent judiciary, we should next undertake the task of building our judiciary with an absolute commitment to quality. Knowledge of law, experience in legal practice, track record of success and very strong personal reputation must be the key considerations in appointing a person to judicial position. Any person with tainted and potentially questionable records must be disqualified. For we all know the popular doctrine that it is not enough for justice to be done, it must also be seen to be done.
We need to uphold values which are indispensable regardless of our political alignment. We need to ensure national interest over that of individuals and parties. We also need to recognise the need for a credible, independent and strong judiciary. And this must be for the greater interest of justice, fairness and equity. If we think and act otherwise, the future of our judiciary will be bleak and unhelpful to our collective national interest.
The writer can be reached at
e-mail: talha.j.ahmad@gmail.com
In recent weeks our judiciary, in particular the High Court Division of the Supreme Court, has gained much media space. Much of these spaces were filled with thoughts and opinions of experts, lawyers and concerned citizens regarding some of the newly appointed additional judges at the High Court. There has also been considerable debate about the role of the higher courts in the country with regards to certain cases before them.
Judiciary is always amongst the most important organs of any state. The existence of a fair, sophisticated and independent judiciary is an essential pre-condition for achieving a just, successful and stable country. This is why, barring some very contentious ideological issues, the judges of the highest courts in most civilised countries generally enjoy the greatest degree of respect and admiration. In most of the western world, judges enjoy great respect but this is earned through an impeccable personal record of scholarship, independence and pragmatism. They demonstrate prefect balance of theoretical knowledge, practical thinking and pragmatic approach to public policy issues.
Unfortunately, judges in the higher courts in Bangladesh were sometimes alleged to have been appointed on the narrowest of political considerations, giving rise to controversies. Despite this, for most part in our short history judges have enjoyed a reasonable degree of respect and the higher courts acted with dignity and independence. In recent years and months, the situation has, however, turned bad.
Our country has polarised beyond reasonably acceptable degree. We are getting divided, fractured, intolerant and often violent towards opposing views. The judiciary is the only hope of maintaining national cohesion. If the judiciary also becomes controversial, we will have little to hope for and a lot to despair. Our national cohesion and integrity will be threatened and the country will become unstable beyond imagination leading to the malfunctioning of the state organs and chaos.
Who are to be blamed and what can be done? The blame game is unhelpful and we should focus on what must be done to remedy the situation. But, before we can device strategies to revive our judiciary, we need to recognise some fundamental principles.
First of these principles is that we must recognise and fully appreciate that a well functioning, objective and independent judiciary is good for everyone. Without a fair, just and independent judiciary there will be no justice, remedy to inherent injustice and therefore everyone will be open to be at the receiving end of injustice. Perpetrators will be allowed to commit crime with impunity.
Once we recognise the need for impartial and independent judiciary, we should next undertake the task of building our judiciary with an absolute commitment to quality. Knowledge of law, experience in legal practice, track record of success and very strong personal reputation must be the key considerations in appointing a person to judicial position. Any person with tainted and potentially questionable records must be disqualified. For we all know the popular doctrine that it is not enough for justice to be done, it must also be seen to be done.
We need to uphold values which are indispensable regardless of our political alignment. We need to ensure national interest over that of individuals and parties. We also need to recognise the need for a credible, independent and strong judiciary. And this must be for the greater interest of justice, fairness and equity. If we think and act otherwise, the future of our judiciary will be bleak and unhelpful to our collective national interest.
The writer can be reached at
e-mail: talha.j.ahmad@gmail.com