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Court's image depends on transparency

November 23, 2010 00:00:00


THE courts need to keep their image well polished in the public view through observing transparency and other matters, instead of trying to maintain its image only through exercise of outdated colonial laws such as contempt of court.
Some leading legal practitioners and also distinguished personalities in our civil society have been pointing out recently that the provisions for 'contempt of court' are not being properly applied these days. This leads individuals being increasingly called to courts -- sometimes in the higher courts -- directly as a consequence of petitions or as a result of cases started against them. In a number of high profile cases, individuals have been charged for contempt of court and penalized.
There can be no questioning either about the competence or jurisdiction of the court in these matters. The learned judges in their verdicts on contempt cases underlined the point that none should be allowed to undermine, through any conduct, the lofty image of the court or to allude that the courts are guilty of miscarriage of justice. If the same is encouraged, then the esteem enjoyed by the courts among people will come under a threat and such a development cannot augur well for social or political stability.
While fully appreciating the positives in the observations of the learned judges, it should be noted here that keeping the image of the courts shining also depends significantly on the judiciary and legal system demonstrating through their activities in each and every case that true justice is being done. This would again require the courts to ensure that in their working and procedures, there remain no flaws or omissions or commissions. Transparency in the functioning of the courts is also vital.
All these and more suggest that overdue legal reform need to be carried out to contribute towards a better image of the courts. The image of the court will be fortified only after the courts would seem to be in the public conception as unfailing dispenser of justice in all cases.
Ruhul Amin Tarafdar
Rampura, Dhaka

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