Appointment of judges should be transparent

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Law Adviser Mainul Hosein yesterday said that a law is being made to ensure transparency in the appointment of judges to the Supreme Court.

“We’re working on a draft law (needed to form a constitutional council) to ensure transparency in appointment of judges to the Supreme Court,” Mainul said adding that the judiciary also needs its own secretariat.

He was talking to the reporters at the law ministry a few hours after the judiciary officially emerged free from the executive.

“Separation of the judiciary from the executive itself is not the end of the process. It is only through personal integrity and good conscience that judges can guarantee people’s confidence in the judiciary,” Mainul observed.

The ultimate objective of the move is to make sure that people get justice, get it quick, and face no harassment in getting so, he said while stressing the importance of judicial activism and integrity in improving judicial services.

“But disposing cases doesn’t only depend on the judges. They need the help of police and the lawyers,” he observed.

Asked about ways to ensure accountability of the judiciary, he said, “It is not right to think that judges have no accountability. There are provisions for making two to three appeals. This is built-in in the system.”

The Supreme Judicial Council will deal with such cases in the higher court and many in the lower courts have to lose their jobs if they are found guilty, he added.

“It cannot be the task of the ministers to ensure the accountability of the judges, it hampers the judges’ freedom. Their accountability must be judged by their conscience and oath of their office,” Mainul said.

The law adviser emphasised the need for ensuring a good salary and other facilities for the judges so that they remain honest.

He noted that having a good government was difficult as there was no balance between the powers of the judiciary and the executive previously.

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