The New Nation - Internet Edition

THE HBFC is reported to have introduced a new credit policy with effect from yesterday. The policy may help make extension of financial support to the middle class and lower-middle class people easy and pragmatic. The loan money may be used for purchasing flats in different areas in Dhaka and Chittagong cities. The loan-receivers are to declare that they have no house or flat in these cities before applying for loans. The loan may be repaid with a maximum interest rate of twelve percent and the schedule of such repayment may be fixed within the range of five to fifteen years. The sanction of loans will be made at the shortest possible time during which locations of houses and flats plus the prospect of house rent and the income of loan receivers may be reviewed by officials of the HBFC.

The Bangladesh House Building Finance Corporation, set up in the fifties of the past century has, so far, provided loans for construction of both commercial and residential buildings. It has invested money as per provisions of laws and regulations. Those applying for loan have to follow the procedures of the HBFC. They have to submit valid documents on the ownership of their land and plans and structural designs approved by concerned authorities. The time frame within which the construction of buildings has to be completed was determined for the purpose. The policy and procedures followed by the HBFC so far facilitated credit support to higher income groups of people. The loan-receivers were to purchase land from their own resources and also bear part of the cost of construction. The members of the low-income groups of people remained beyond the spell of fiscal support from the HBFC.

The amount of loans and the rates of interest plus the schedule for repayment of loan money to the House Building Finance Corporation were determined in the process. The use of the loan-money for purchase of construction materials as well as for payment of wages of workers were to be ensured by the recipients for loans. HBFC officials, sometimes, visited the construction sites to monitor the use of loan money. The money released by the finance corporation as per schedule was to enable the recipients of loan to complete the work on time.

The prevailing conditions in the major cities like Dhaka and Chittagong and other urban areas are quite pronounced. The inflow of people from rural areas have increased. All of them look for employment and assurance of earnings needed for meeting their basic needs including housing facilities. That being so, the move of the HBFC may enable the middle and low income people to buy and own flats in city areas sounds good. The availability of fund to be distributed by the corporation should, of course, be ensured by authorities concerned.

THE growth rate for the economy officially projected early in fiscal year 2007-8 is 7 per cent. But worries are surfacing as to whether this growth rate is attainable. The floods have caused a slowdown in the economy that may continue in the remaining part of the year. However, even before the flood struck, symptoms of a slowdown were noted. The same was reflected in dwindling investment operations. Investments in enterprises-specially by the private sector of a country-do not suggest an uptrend. The growth in bank credits signify increases or decreases under new investment operations. But bank credit growth from January to May of the present year was only 2.03 per cent compared to 10.01 per cent growth in the corresponding period of the previous year, according to reports. Similarly, export growth which was some 25.80 per cent last year has declined to 16.45 per cent this year. The rate of actual foreign investment made in the economy has been insignificant.

The housing and construction sector in recent years was proving to be a dynamic one contributing progressively and significantly to the GDP. Unlike other sectors, its capacity for multiplier effects on other sectors or to create demands in them and in creating income and employment, are considered to be high. This sector is showing drop in sales of apartments to the tune of 50 per cent in the last six months. Expert observers of the economy are saying that continuation of the present trend could mean little economic growth in the present year. For the first time in years, the Bangladesh economy could experience a setback with growth dropping well below even 5 per cent.

While there are a multiplicity of factors that may be cited to explain this slowdown it has appeared from different assessments that the main reason lies in businesses not taking usual interest in their occupations, to come forward to invest and engage in business operations. And this is linked to fear. The leaders of a number of big business houses remain in jail. Individuals are now scared of buying cars or flats out of an apprehension that doing this would invite taxmen to enquire about the legitimacy of the source of the money. A general fear has gripped the business community that it is safe to be immobile with their money. Thus, the circulation of money or resources has reduced in many cases and this may cause economic stagnation. In South Korea, the main proprietor of a world famous company, was arrested and jailed for corruption recently. But this has not resulted in stoppage of full functioning of his giant industrial conglomerate. The government there decided that it was too big a national asset to be sacrificed for the corruption of a single person. They ensured full functioning of the industrial empire while also punishing its owner in 'proportion' to his crime. The same model should apply in case of the business conglomerates in Bangladesh.

Dr. Fakhruddin Ahmed

On the occasion of the historic event of separation of the judiciary from the executive, Chief Adviser Dr Fakhruddin Ahmed directed all concerned to extend their full cooperation to the judiciary in discharging its responsibilities, consistent with the constitution.

"I strongly urge all officials working in both executive and judicial branches to keep up their good work with honesty, sincerity, patriotism and farsightedness for public welfare," he added.

"We witnessed the separation of judiciary after two hundred years of the colonial rule and 36 years of independence. I extend my deepest congratulations to my countrymen on this auspicious occasion. This glorious day will forever be remembered as a milestone in our forward march towards establishing good governance and rule of law in the country.

Dr Fakhruddin Ahmed said, "It is our hope that the judiciary will live up to the expectation and fulfill its duties to the people and to the constitution of Bangladesh with vigour and integrity holding the slogan: "The words of justice must not go in vain" Dr Fakhruddin said the separation of judiciary alone is not sufficient to ensure justice. It has led to the initiation of significant reforms in the judicial magistracy. For its true success, reforms should take place in three other pillars of the criminal justice system including the police, the court and the legal profession, he added.

He said "I would like to express the resolve of the caretaker government to take these reforms as far as we can during our limited tenure in office."

Referring to the background of separation of the judiciary from the executive, Dr Fakhruddin said the government will ensure necessary legal powers and support for the executive magistrates so that they can discharge their administrative responsibilities smoothly.

Article 22 of the Constitution has made it mandatory for the State to ensure the separation of the Judiciary from the executive organs of the State. The non-party caretaker government, soon after assuming office, started taking necessary steps to expedite the separation. As a first step toward the separation, four complete rules and the Code of Criminal Procedure (Amendment) Ordinance 2007 were promulgated. Four thousand two hundred seventy three new posts were created and appointments were made to different positions.

"I would like to state clearly and unambiguously that the measures we are taking do not in any way reflect a lack of confidence in any segment of the administration. We have firm faith in the officials of all our departments. The government only wants that the officers and employees will discharge their responsibilities properly from their respective positions," he added.

The Chief Adviser said the executive magistrates are required to ensure good governance and welfare oriented efficient administration in areas such as preventive measures for maintaining law and order, deploying mobile courts, land acquisition and so on.

The countries where the judicial and executive branches have been separated, administration empowered by law remains an integral part of the state, he stated.

The Chief Adviser said "We must emerge successful in preserving and strengthening our democratic ethos, socio-economic progress, good governance and rule of law through united efforts."

There will be some initial challenges associated with the launching of anything as momentous as the separation of the judiciary especially, with regard to manpower and physical infrastructure.

The government is fully committed to tackle these difficulties in phases, he added.

Tackling the important and challenging task of making separation of the judiciary a reality was key priority of the present caretaker government after its assumption of office, he said.

"By the grace of Almighty Allah and cooperation across our government we have now succeeded in making this century-old dream come true," he added.

The Chief Adviser said the powers and responsibilities of the state in a democratic country like Bangladesh rest with three separate organs namely, the executive, the legislature and the judiciary.

Throughout the history, the doctrine of separation of power of the state has been considered essential to the fulfillment of democracy, he added.

In this context, quoting President James Madison, principal author of the American constitution, the Chief Adviser said, "Concentration of all three powers in the same hands is the very definition of tyranny."

He also quoted English historian Lord Acton and said, "Power corrupts and absolute power corrupts absolutely."

(Excerpts from the address made by Chief Adviser Dr Fakhruddin Ahmed at the inauguration of Dhaka District Judicial Magistracy and the Dhaka Metropolitan Magistracy marking the separation of the judiciary from the executive yesterday.)

Chief Justice M Ruhul Amin

For many years, there was a long felt national demand and desire for separating the Judiciary from the Executive. By the grace of Allah, we are going to have that long cherished desire of the people translated into reality through today's historic event.

On this momentous occasion, I along with the people express gratitude to the Almighty Allah, who gave us the strength and wisdom to implement the process of separation initiated following the landmark Judgement given by the Appellate Division of the Supreme Court of Bangladesh in Masder Hossain's case in 1999.

Since the making of the Constitution on 4th November, 1972 the entire nation had to wait for about 35 years to see the separation of the Judiciary from the Executive in view of the mandate enshrined in Article 22 of the Constitution.

It is true in fulfilment of the above constitutional obligation, we have been very much late. However, in this context I may mention the proverb-- "It is better late than never."

We are going to be blessed with such a system where members of the Judicial Service will be exercising the magisterial power for handling criminal cases at the district level. The Judicial functionaries wield judicial power which is actually not a power, but a pledge to wipe out tears caused by injustice.

I am fully aware of the problems and disadvantages with which the newly-posted Judicial Magistrates will have to work during the transitional period.

In spite of all these, may I request all Judicial Magistrates to remain fully committed in discharging the challenging task so assigned with utmost sincerity and dedication so as to live up to the expectation of the people at large. The Judicial Magistrates, you are to establish justification of separation of magistracy from executive.

Each organ of a State has its own set of duties.

But to my mind, the end of all activities of each organ is to secure justice for the people.

The duty of the State does not end with enactment of some laws and establishment of some institutions.

In order to make the law effective and to make the Justice Delivery System functional, the other organs of the State including the Executive will hopefully play a supportive role for making the promise of Justice a real one.

So far I understand, every member of the Judiciary is under a public duty to administer justice in its truest sense at minimum time and cost.

I have the firm conviction the members of the judiciary shouldering the new responsibility will be able to magnify the image of judiciary and restore public confidence through their hard work and dedicated service.

Before I close, I would like to express my thanks to the Ministry of Law, Justice and Parliamentary Affairs for arranging this function and inviting me to be here.

I wish you all good luck and thank you for giving me a patient hearing.

(Chief Justice of Bangladesh, Md. Ruhul Amin made the statement at the inauguration of the Separation of the Judiciary).

Barrister Mainul Hosein

I am very pleased and thankful to you all for joining us this morning on this momentous occasion. It is indeed, a great honour and privilege for me to address such a distinguished gathering. The much awaited gigantic step has finally been taken for the fulfilment of the constitutional obligation of separating the judiciary from the executive 35 years after such demand was made of the state. From today the judiciary starts functioning as a fully separate organ from the executive paving the way for a new era in the constitutional development of our country.

This caretaker government takes great satisfaction and pride for its success in achieving the important milestone essential for good governance. The judiciary is now assured of the dignity of being independent of the control of the executive. By recognising the importance of the judiciary's independence we are upholding the importance of human rights for a civilised existence in a free country.

We fought for the country's freedom so that we can live with our rights and liberty protected under democratic dispensation. The rights and liberty guaranteed by our Constitution are useless if the judiciary is not free and independent to protect such rights and liberty. An independent judiciary has to be bold and responsible because the cause of justice is far from easy to serve. We have separated the judiciary from the interference of the executive not as a favour to the judges, but to assign them with the heavy responsibility of upholding justice and contributing to good governance as contemplated by the Constitution.

Because the judiciary was not allowed the importance envisaged in our Constitution the system of checks and balances failed to work and the government degenerated into an arbitrary and corrupt machinery in every way possible. Corruption and abuse of power prevailed over the rule of law and justice.

The present caretaker government assumed responsibility with the expressed commitment to salvage democracy and the rule of law. With that end in view, from the beginning, we gave our urgent attention to the issue of separation of the judiciary, Prompt cooperation was extended all the way for completion of the process of separating the judiciary from the influence of partisan politics and executive interference. A giant step has been taken boldly and yet we have no hesitation in admitting that much more has to be done to make separation of the judiciary work harmoniously in the system of governance. The main goal of making justice accessible and affordable to the poor much more has to be realised sooner than later. The judges have to ensure that people's high expectation about getting speedy justice the easy way does not remain illusive.

I am specially thankful to the Hon'ble Chief Adviser of the caretaker government, Dr Fakhruddin Ahmed who had most anxiously handled the process for allaying the apprehensions and removing the difficulties every step of the way. But for his deft intervention from time to time it would not have been possible to make it happen in such a short time. Others in the government, including my colleagues, were also of great help.

I must gratefully acknowledge the very prudent guidance patiently but bravely provided by his Lordship Chief Justice Justice Md Ruhul Amin and his companion Justices of the Supreme Court. The landmark judgement that gave momentum to the whole exercise, was delivered by the then Chief Justice Mr Justice Mustafa Kamal sitting with Mr Justice Latifur Rahman, late Mr Justice B.B. Roy Choudhury and Mr Justice Mahmudul Amin Choudhury in the now famous Masdar Hossain case filed by some 441 judicial officers.

In the nation's struggle for democracy it is the lawyers who resisted with extraordinary courage and unity every assault on the judiciary to diminish, even to disintegrate its authority. Against the audacious attempt to destroy the unitary character of the judiciary our brave judges of the Supreme Court, despite all the risks, handed down another landmark judgement in the case of Anwar Hossain Vs. Government of Bangladesh and others in 1989.

Let me pay my special tribute to my lawyer friends who extended full support to this initiative of the government. Their solidarity with the cause will be constantly necessary to reinforce and strengthen the purpose of separation of the judiciary. I am grateful to the leaders of the political parties for their praise of the government's role in securing separation of the Judiciary. I must express our government's indebtedness to the media, both electronic and print, for their positive attitude and extensive cooperation.

All concerned agree that the very special situation now prevailing in the country has proved most conducive to the complex task found unattainable for so long. The executive and the judiciary have realised that they cannot go their separate ways. They need to maintain unity of the government through the separation of powers. That is the best way to prove the efficiency of each of the organs.

As a lawyer and as the Adviser for Law, Justice and Parliamentary Affairs, let me share with your Lordships, Excellencies and the distinguished guests my utmost happiness for being at the right place at the right moment to provide the necessary impetus. But, at the same time, I cherish the fulfilment of a goal every man holds high, i.e. the judiciary has been freed to protect the freedom of a free nation.

Now it is for the judges to make the judiciary strong and just to serve the cause of justice and win people's full and clear confidence. It is only through personal integrity and good conscience that the judges can ensure people's confidence in the judiciary. I have noticed strong determination among the judges to take the challenge most seriously.

The judges have taken upon themselves consequentially, the task of sharing, at this critical time, the onerous responsibility of steering the country towards the goal of restoring democratic good governance. Together we must be successful in establishing stable democracy in the absence of which all our efforts to make the judiciary independent and work successfully will go in vain. In the past the judiciary was not allowed independence for the simple reason of not allowing democracy to function.

In the present critical situation of the country, 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 of good governance.

It is not right to think that the judges have no accountability. The judges have their accountability to society and their accountability must be judged by their conscience and the oath of their office. It has been well recognised by the famous judges that if the judges decay, the power of contempt of court will not save them. The other side of the coin is that they must be above suspicion. Thus independence of the judiciary must also mean cleansing of the judiciary by judges themselves independently without outside intervention.

What is most important for the effectiveness of the judiciary is not the arrogance of power but the moral compulsion of doing justice honestly. The faith of the people in the judiciary gives the judiciary the real power and overriding moral authority. Some of our eminent judges have proved their judicial activism and calm courage whenever the nation faced a crisis in the field of the rule of law or the constitutional process.

Judicial activism for justice and good governance is well recognised in all democracies. So, let us move ahead together to establish true democracy for building a just society. The change that has taken place has given us all a unique opportunity to rethink and rededicate ourselves to serve the higher goals of a free nation honestly and to the best of our ability.

I thank you all once again and pray for the strength to redeem our pledge fully by installing democracy, good governance in the country for the good of the people.

Speech delivered by Barrister Mainul Hosein, Adviser, Law, Justice and Parliamentary Affairs at the Bangladesh-China Friendship Conference Centre on the occasion of Separation of Judiciary on Thursday.