The New Nation - Internet Edition

THE row that surfaced over the imminent separation of the judiciary from executive was unwarranted. The protestation from the BCS Administrative Cadre officials with some warning in dire tone was not only a manifestation of ill temperament but was also against the basic tenets of service rules. Furthermore, it was an affront to the Constitution of the country and the cherished aspirations of the people. The Constitution is the fundamental law and embodiment of expression of the will of the people. The objectives of the Constitution are to be upheld by all. The Constitution provides for the separation of powers between the three pillars of the state - the executive, the legislative and the judiciary. Thus, the independence and separation of the judiciary has been a very long pending objective of the Constitution.

According to many expert and impartial analysts of the situation, the rebellious mentality of a section of the BCS Administration officials and vehement expression of the same, were not liked by the people. Thus, their protestations have been scorned while the government has magnanimously promised that their every legitimate grievance would be looked into as the changeover takes effect. This, in our judgment, ought to sensibly take care of all protests. The separation of the judiciary will now go through as planned. Nothing should postpone or delay it. This is the overwhelming desire on the part of enlightened sections of the people. Only the independence of the judiciary from any form of governmental control in any setting fulfils the basic criterion for it to function efficiently to dispense justice in cases freely and fairly above manipulations. The judiciary emerging as an independent institution in the fullest sense of the term should also be the basic guarantee of upholding the rights of people, as a check to governmental tyrannies and, thus, for the proper functioning of a democratic system.

But only separation of the judiciary in our context will not lead to achievement of these lofty goals. An independent judiciary in the present situation in Bangladesh will deliver up to the expectations only if its rank and file are also deeply cleansed. As it is, charges have been made, and very credibly, that many of the judges now serving the judiciary are mediocre persons because talented people in the past could not be attracted to this service. Political loyalty was the basis of appointments to the higher judiciary. Nothing can be more dangerous than a situation like this persisting after the independence of the judiciary. The idea that people and the state will get better decisions or the ends of dispensation of justice will be attained after the separation, will continue to be an illusion as long as this system of appointment of judges is not done away with. Thus, carrying out reforms in the judiciary together with the separation, can make meaningful the move to make the judiciary free from the executive.