The New Nation - Internet Edition

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.)