The New Nation - Internet Edition

Pulack Ghatack

Eminent jurists of the country yesterday opposed the demand raised by some administration cadre officials for suspension of separating the judiciary from executive saying that it was a settled issue.

They urged the public servants to obey the Supreme Court (SC) directive in a responsible manner.

While talking to this correspondent Dr Kamal Hossain said the matter has been settled once for all. The Supreme Court has directed it almost seven years ago. The Court later reviewed everything and gave detailed directions. Successive adjournments also have been taken and finally rules have been drawn for the implementation of it."

"Everyone should respect the Supreme Court order. All responsible persons should be sincere about it," said the eminent lawyer adding, "It is not desirable that any responsible person would oppose the Supreme Court order and the law."

Prominent lawyer Barrister Amirul Islam who was the counsel in Masder Hussain's case, popularly known as 'separation of judiciary case', from which arose the court's 12-point directives, gave an exclusive interview in this regard.

He expressed surprise about the response of administration cadre officials and urged them not to trigger unnecessary debate on the issue, which is a "settled one.

"The issue I can see with regard to the separation of judiciary is already a settled matter. Furthermore, it does not in any way affect the other cadres of Bangladesh Civil Service (BCS)," he said.

Barrister Amirul termed the process of the separation of judiciary as "unalterable." "The Government cannot change it. Even the SC cannot change it because the SC has already exercised its power," he said.

The constitutional expert said that the civil servants were bound under constitution and under law to abide by the decisions of the highest Court of the land.

He said, Article 12 of the constitution mandates the State to separate the judiciary from executive. Despite such a mandate there has been a long delay of almost one and a half decade.

Second time, it was settled by the Supreme Court in Masder Hussain case, which was again seven years old. Thirdly, the CrPC was amended by this government bisecting the executive magistrates from judicial magistrates.

He said this amendment facilitated the implementation of the judgement. In that amendment the Supreme Court was assigned the responsibility for deciding the date for the bifurcation to be affected.

Barrister Amirul said the Supreme Court, having thus being designated by the law, exercised its power accordingly, followed by a full Court session. So the Supreme Court has exercised its power. Accordingly this has been gazetted.

He said, "Once this has been exercised no one can now change it. Not even the Supreme Court, because the SC has already exercised its power and once exercised it become functus officio. The Government can also not change it. It is unalterable."

Barrister Amirul said the civil servants are bound under constitution and under law to abide by the decisions of the highest Court of the land. Citing Article 112 of the Constitution he said, "All authorities, executive and judicial, in the republic, shall act in aid of the Supreme Court."

There is no option therefore, other than to act in compliance with the SC's decision. Besides, I do not see any difficulty for the magistrates of act as the executive magistrates in dealing with any situation of natural calamities or in any campaigning against adulterated foods or in disconnecting any utility service or others.

He said I have much faith and respect in the members of the BCS cadre. If this matter is properly explained to them, they could not possibly have any grievances.

He said there is no scope for the executive to act or think in isolation. Every organ must remember that all powers belong to the people and anyone exercising the power of the republic exercises within the bound of the Constitution and law.

Power is a sacred trust, he said. It does not belong to the individual or any cadre or group or sector. They only exercise the power on behalf of the people as designated under the Constitution, he added.

He said we must all realise that the country is going through a difficult time and we must act together in order to overcome the difficulty. We must not introduce unnecessary debate on issues, which are settled and conducted.