The New Nation - Internet Edition

BSS, Dhaka

Law and Information Adviser Barrister Mainul Hosein yesterday said after separation from the executive, the judiciary has started functioning as a complete separate organ and thus its dignity has been secured.

Recognising importance of the independence of the judiciary, the present caretaker government has endorsed the significance of human rights in a civilised and free country.

The Law Adviser was presiding over the inauguration of Dhaka District Judicial Magistracy and Dhaka Metropolitan Magistracy at the Bangladesh-China Friendship Conference Centre in the city.

Chief Adviser Dr Fakhruddin Ahmed addressed the function as the chief guest and Chief Justice of the Supreme Court Justice Md Ruhul Amin addressed it as the special guest.

Barrister Mainul said with the judicial separation, it is the responsibility of the judges to make the judiciary stronger, serve the cause of justice, and win the people's full and clear confidence.

"Through personal integrity and good conscience, the judges can earn the people's confidence in the judiciary," he said adding that "I have noticed strong determination among the judges to take the challenge most seriously."

At this critical time, the judges have taken the task for sharing the onerous responsibility to steer the country towards the goal of restoring democratic good governance, the law adviser added.

He said, "Together we must win the race in establishing stable democracy in absence of which all the efforts to make the judiciary independent and work successful will go in vain. In the past, the judiciary was not allowed to function independently for the simple reason of not allowing democracy to function."

It is not right to think that the judges have no accountability, he said adding that their accountability must be judged by their conscience and the oath of their office.

"The power of contempt of court will not save them," he said suggesting the judges to remain above suspicion.

The independence of the judiciary also means the cleansing of the judiciary by the judges themselves freely without outside intervention, the Law Adviser said.

Not the arrogance of power, rather the normal compulsion of doing justice honestly is the most important for the effectiveness of the judiciary, he said adding that the faith of the people in the judiciary gives the judiciary the real power and overriding moral authority.

Appreciating the historic role played by the judges in different times, he said some eminent judges have proved their judicious activism and courage whenever the nation faced crises in the field of the rule of law or the constitutional process.

Underlying the importance of the judicious activism for justice and good governance, the Law Adviser urged all to move together to establish true democracy for building a justice-based society.

"The change that has taken place opened up a unique opportunity for us to rethink and rededicate ourselves to serve the higher goals of a free nation honestly and to the best of our ability," Barrister Mainul said.

The judiciary was separated from the interference of the executive not as a favour to the judges, but to assign them with the heavy task for upholding justice and contributing to good governance vested upon by the Constitution, he said.

Elaborating the reason behind corruption and abuse of power that prevailed over the rule of law in the past, he said since the judiciary was not allowed to function freely, the system of checks and balances failed to work and the government degenerated into arbitrary and corrupt machinery in every way possible.

The Law Adviser said the present caretaker government assumed the responsibility with the expressed commitment to salvage democracy and uphold the rule of law, and for this, it paid urgent attention to the separation of the judiciary.

Barrister Mainul expressed gratitude to Chief Adviser Dr Fakhruddin Ahmed, Chief Justice of Supreme Court Justice Md Ruhul Amin, former chief justice of Supreme Court Justice Mustafa Kamal, Justice Latifur Rahman, late Justice BB Roy Chowdhury, Justice Mahmudul Amin Chowdhury, and eminent lawyers late Barrister Syed Ishtiaq Ahmed, Dr Kamal Hossain and Barrister Amirul Islam for supporting the process of the separation of the judiciary from the executive from their levels.