Hopes run high as judiciary set free

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Chief Adviser Fakhruddin Ahmed yesterday inaugurated the Dhaka District Judicial Magistracy and Dhaka Metropolitan Magistracy and said the day will serve as a “glorious milestone” for advancing the rule of law in the country.

He announced the birth of the two separate magistracies–judicial and executive–as the Code of Criminal Procedure (Amendment) Ordinance came into effect yesterday by separating the judiciary from the executive.

The amendment follows a decision by the chief justice of the Supreme Court, in accordance with article 22 of the constitution stipulating the separation.

Flanked by Chief Justice Ruhul Amin and Law Adviser Mainul Hosein, the chief adviser unveiled the inaugural plaques of the two magistracies.

He said there could be initial challenges with the massive task of separating the two branches of power, including staff shortages and physical infrastructure, but the government is determined and sincere to solve the problems.

Fakhruddin also said the separation is not enough to ensure justice and must be complemented by reforms in the police, courts and the legal profession.

He said the caretaker government’s tenure is too short to complete reforms in all these sectors, but the “government is resolved to take the process ahead”. The government’s other main objective is to establish good governance in the country, he added.

The executive magistrates remain a necessary component for maintaining law and order as they are required to set up mobile courts and acquire land, among other matters, Fakhruddin said. He hoped that the judiciary department will remember their responsibilities to the people.

Quoting jurists and political thinkers, Fakhruddin reiterated the importance of the separation of state powers. If the judiciary is subservient to the executive, it will be distracted from justice and more concerned with the wishes of certain authorities, he added.

Also speaking at the ceremony, Chief Justice Ruhul Amin said the previous governments did not fulfil their constitutional obligations by separating the judiciary, but “it is better late than never”.

He told judicial magistrates that they have to justify their separation from the executive by restoring public confidence in the judiciary.

“I understand every member of the judiciary is under public duty to administer justice in its trust in minimum time and at a minimum cost,” he said, adding that their duty does not end with the enactment of laws and institutions.

He also hoped the executive will play an effective supporting role.

Law Adviser Mainul Hosein said the judiciary was separated to give judges a greater responsibility to uphold justice and ensure good governance.

“The judges have to ensure that people’s high expectations about getting speedy justice in easy way does not remain illusive,” Mainul said. The independence of the judiciary also makes judges responsible for cleansing the judiciary without “outside intervention”, he added.

“The rights and liberty guaranteed by our constitution are useless if the judiciary is not free and independent to protect such rights and liberty,” the law adviser said.

“There is no room for partisan bias for fully appreciating the hurdles we have to cross so that we do not fail the nation in securing peace, security and justice for good governance,” he added.

Former chief justices Mostafa Kamal, M Habibur Rahman, Latifur

Rahman, Mahmudul Amin Chowdhury, KM Hasan and Syed JR Mudassir Husain were present at the function organised by the Ministry of Law.

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