JUDICIAL REFORM IN BANGLADESH
Sohul Ahmed: The Legal observers have appreciated that on 11 September, the head of the interim government of Bangladesh Mr. Muhammad Yunus announced the decision to form the Judiciary Reform Commission. Justice Shah Abu Naeem Mominur Rahman has been assigned as the head of the Judiciary Reform Commission. The Legal observers are proposing, inter alia, the following matter should be considered by the Judiciary Reform Commission.
A separate secretariat under the Bangladesh Supreme Court
The Chief Justice of Bangladesh Mr. Syed Refaat Ahmed has presented a roadmap for the judiciary. He said the joint authority of the Supreme Court and the Ministry of Law must be dismantled to facilitate a separate secretariat under the Bangladesh Supreme Court, he told judges of subordinate courts at the Supreme Court premises on Sep 21, 2024. His remarks are highly appreciated by the Judges and Lawyers.A separate secretariat for the judiciary will help to ensure judicial independence, which means Rule of Law, Protection of the constitution, human rights, good governance, and democracy will prevail and be established. All depend on an independent judicial system.
Moreover, Attorney General Md Asaduzzaman expressed his concerns over Article 70 of the Constitution, saying it has effectively placed the legislative, executive, and judicial branches under the control of a single individual, and called for a review and amendment of the article. Hence, the Constitution Reform Committee will consider any potential reforms to Article 70.
Appointment of Additional Justices
Judges appointed in subordinate courts are required specific standard academic qualifications because they have no judicial experience.
In contrast, Additional Justices in the High Court Division are required at least 10 years of practicing experience as an Advocate in the High Court Division rather than academic educational qualifications. A comparative judgment, a lawyer with significant professional skills, legal intelligence, and concentration should be appointed as a justice. However, a good judgment depends on how both parties’ Lawyers prepare their case, arguments, and explanations with case references.
A person acquires professional skills and qualifications by spending time in a professional field. So, in general, the age of the candidate should be one of the main considerations in making recommendations. The appointment of justices and maturity is a very important factor for a justice position. There is no substitute for years of impressive professional achievement. Observing these issues, according to the court, the minimum age of a person seeking to become a Supreme Court judge should be 50 years.
In conclusion, the additional justices should be selected by the Chief Justice in consultation with other Justices as they are the appropriate judicial persons who can evaluate lawyers’ performance.
Code of Conduct of the Judiciary and Lawyers
The Code of Conduct is very important for the Judiciary and the Lawyers. They have to keep their integrity and dignity. It has been observed that sometimes Judges misbehave with the Lawyers and vice versa. Recently, they failed to follow their ethics due to their affiliation with the political parties as a result they were involved in a disrespectful relationship. So, the Judiciary Reform Commission. should consider this issue as well.
Author is an Advocate of the Bangladesh Supreme Court & Lawyer of the Supreme Court of England.
