The New Nation - Internet Edition

Staff Reporter

Chief Adviser Dr Fakhruddin Ahmed yesterday directed all government officials and employees of the Republic to extend their all out cooperation to the Judiciary in discharging its responsibilities as per directive of the Constitution.

"Through the effectiveness of the Code of Criminal Procedure (Amendment) Ordinance -2007 from today (November 1, 2007), in line with the decision of the Supreme Court led by the Chief Justice, two different magistracies -judicial and executive -started their journey. This day is, therefore, a memorable day for millions of Bangladeshis who seek justice in society, economy and governance," he said this while inaugurating the historic separation of the judiciary from the executive branch of the government at a function in the city.

The Chief Adviser urged all officials working in both executive and judicial branches of the government to perform their respective responsibilities with honesty, sincerity, patriotism and farsightedness for public welfare.

He hoped that the judiciary department would carry out their responsibility as per expectations of people and fulfill its duties to the Constitution of Bangladesh with vigour and integrity holding the slogan: "The words of justice must not go in vain."

Greeting the countrymen on the auspicious occasion he said the glorious day would forever be remembered as a milestone in the forward march towards establishing good governance and rule of law in the country.

As part of the formal inauguration of the separation of the judiciary the Chief Adviser flanked by the Chief Justice and the Adviser for Law, Justice and Parliamentary Affairs, inaugurated Dhaka District Judicial Magistracy and Dhaka Metropolitan Magistracy by unveiling a plaque of the inaugural stones at a function at the Bangladesh-China Friendship Conference Centre (BCFCC) at Sher-e-Bangla Nagar in the city.

Chief Justice Md Ruhul Amin addressed as the chief guest at the function chaired by Adviser for Law, Justice and Parliamentary Affairs Barrister Mainul Hosein. Secretary- in-charge of the Ministry of Law Kazi Habibul Awal gave the welcome address.

Former Chief Justices-Mostafa Kamal, M Habibur Rahman, Latifur Rahman, Mahmudul Amin Chowdhury, KM Hasan and Syed JR Mudassir Husain were present at the function.

Advisers, former chiefs of the caretaker governments, sitting and former judges of the Supreme Court, chiefs of naval staff and air staff, diplomats, eminent lawyers and high civil and military officials were also present at the function.

Dr Fakhruddin Ahmed said the separation of judiciary is undoubtedly a timely and legal step, but this separation is not enough to ensure justice.

The measures, he said, have led to the initiation of significant reforms in the judiciary magistracy but for its true success, it is imperative that reforms should also take place in three other pillars of the criminal justice system-the police, the courts and the legal profession.

The Chief Adviser said during its limited period it may not be possible for the present government to complete the reform tasks in these fields, but he firmly spoke at the function about his Government's resolve to take the process ahead.

He assured the government would ensure necessary legal powers and support for the executive magistrates so that they can discharge their administrative responsibilities smoothly.

Dr Fakhruddin Ahmed said there is necessity of executive magistrates in the interest of good governance and welfare-oriented efficient administration in areas such as preventive measures for protecting law and order, setting up of mobile courts for various reasons, land acquisition and so on.

He made it clear that the measures the government is 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 in accordance to their respective positions," he explained.

In this regard, he referred that the countries where the judicial and executive branches have been separated, empowered administrations backed by law remain an integral part of the state.

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

Dr Fakhruddin Ahmed said there would be some initial challenges associated with the launching of anything as momentous as the separation of the judiciary especially with regards to manpower and physical infrastructure.

He, however, said that his government is fully committed and sincere in solving the problems gradually.

The Chief Adviser said the powers and responsibilities of the state in a democratic country like Bangladesh rest with three separate organs as 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 said.

He said the country would have to intensify the struggle to make the independence, earned at the cost of blood of three million martyrs, more meaningful, and to realise the noble goals of economic emancipation and a society based on justice.

"We must be successful through united effort in flourishing democracy in the country, socio-economic progress and establishing rule of law," he said.

Chief Justice Md Ruhul Amin called upon all Judicial Magistrates to remain fully committed in discharging the assigned challenging task with utmost sincerity and dedications to restore public confidence over judicial process.

He said the Judicial Magistrates have to establish justification of separation of magistracy from executive.

The Chief Justice said he has firm conviction the members of the judiciary shouldering the new responsibility will be able to magnify the image of the judiciary and restore public confidence through their hard task and dedicated service.

"The Judicial functionaries wield judicial power which is actually not a power, but a pledge to wipe off tear caused by injustice," he observed

To make the law effective and justice delivery system functional, he hoped other organs of the State, including the Executive, would play a supporting role for making the promise of Justice a real one.

The Chief Justice said separation of judiciary from the executive was a long felt national demand.

He admitted that it has been too late in fulfilling the constitutional obligation but said, "It is better late than never."

The Chief Justice said he is aware of the problems and disadvantages with which the newly posted Judicial Magistrates will have to work during the transitional period.

Lawyers across the country observed the day as the Separation of Judiciary Day by taking various programmes.

Meanwhile, our correspondents from different districts report of beginning the activities of Judicial Magistrate Courts with huge enthusiasm and aspirations among the people.

The programmes included holding discussion meetings and brining out rallies.