The New Nation - Internet Edition

Staff Reporter

As the judicial organ of the State will be fully independent to dispense justice, lawyers across the country will observe November 1 as the Judiciary Separation Day.

The Supreme Court Bar Association (SCBA) took the decision marking the lawyers victory over a long-standing battle to set an independent judiciary in the country. The district bar associations across the country also endorsed the decision.

SCBA president Barrister M Amir-ul Islam announced this decision at an impromptu press conference at the Bar Hall room yesterday. SCBA Secretary AM Amin Uddin was present.

The SCBA denounced the administrative cadre officials stand against freeing the judiciary from the control of the executive and demanded disciplinary action against some officials for violating their service rules, showing disregard to the Supreme Court (SC) judgment and the Constitution.

"Their comments echo the mindset of the vested interested group of bureaucrats," Barrister Amir said adding "it is tantamount to contempt of court and liable to be prosecuted."

He further said already 13 bureaucrats, including four top secretaries, are facing contempt-of-court charges for distorting the Supreme Court edicts on judiciary separation and impeding the separation process.

The leading lawyer thanked the present caretaker government for separating the judiciary in line with the constitution and the 12-point directive of the apex court given about eight years ago, as the past political governments kept it hanging for long on different pleas.

Advocate Khondker Mahbub Hossain, interim vice-chairman of Bangladesh Bar Council, a statutory body regulating the lawyers, also came down heavily on the field-level administrative cadre officers for their activities against the separation of judiciary.

He urged the government to take "legal actions" against them. "The court may also issue suo moto contempt-of-court proceedings against them," he said.

Meanwhile, the process for reshuffling the administration and field level judicial officials are advancing in line with the directives of the Supreme Court to separating the judiciary from the executive by November 1.

Supreme Court Registrar Ikteder Ahmed, who heads the monitoring committee for the separation of the judiciary, informed that the newly appointed judicial magistrates have already started joining their respective courts.

District judges around the country were sent letters Sunday containing directives from the Supreme Court on how judicial magistrates are to discharge their duties in future.

The amendment to the Criminal Procedure Code will come into effect on November 1. The change will see magistrates' judicial work come under the control of the district and sessions judges instead of the district magistrate.

Chief Justice M Ruhul Amin would ceremonially launch the historic event of separating the judiciary from the executive control over the subordinate courts at the district court in Old Dhaka.

Our Court Correspondent adds: Former Additional Metropolitan Sessions Judge of Dhaka AKM Enamul Haque yesterday joined as the first Chief Judicial Magistrate of Dhaka, while Shawkot Ali Chowdhury, Sultan Mahmud and Golam Rabbani joined as Additional Chief Judicial Magistrate. Of the ten six others: Md. Shafin Uddin, Mrs Shahnaz Sultana, Md Waliul Islam, Abdullah-Al-Mamun, Md Habibur Rahman Siddiqui and Md Emran Hossain Chowdhury yesterday joined as Judicial Metropolitan Magistrates.

Meanwhile, members of the Judiciary Separation Committee of the Supreme Court yesterday had exchange of views with the lawyers, law officers and concerned Judicial Magistrates including the new Chief Judicial Magistrate at the conference room of Dhaka Judges' Court.

On behalf of the seven-member committee Justice Mirza Hossain Haider and Justice Quamrul Islam Siddiqui were present on the occasion.

Speaking on the occasion, both the judges of the High Court Division of the Supreme Court sought the cooperation from the Bar, while the lawyers categorically pledged to cooperate with the judiciary in the separation process.

On behalf of the lawyers, President of Dhaka Bar Association Fakir Delwar Hossain, General Secretary Golam Mostafa Khan, senior law officers, former law officers and some other senior lawyers addressed the gathering. While exchanging views, some lawyers apprehended some difficulties at the initial stage of the separation of the judiciary from the executive. However, they were optimistic of the successful implementation of the separation process overcoming the bottleneck. District and Sessions Judge of Dhaka AKM Istiaque Hossain was in the chair.