The New Nation - Internet Edition

THE Bangladesh Bar Council, a highly regarded body of the lawyers, issued a call the other day that the government should immediately start the process of freeing the judiciary from inefficiency and corruption, particularly from the higher judiciary. The Bar Council leaders also underlined in their statement that if such a cleansing move is not initiated and thoroughly carried out now, then the people would not get the benefits from separation of the judiciary that has recently been effected.

The suggestion offered by the lawyers has indeed, merit being taken very seriously. The present caretaker administration has, no doubt, fulfilled a constitutional obligation of separating the judiciary from the executive. But the fruits of this achievement will not be reaped as long as judges lacking in efficiency and integrity in the highest court continue to be in charge of court proceedings. Truly efficient or exalted decisions, decisions without partiality or political influences, cannot be expected from such individuals who allegedly lack competence and integrity. Good governance, rule of law and proper dispensation of justice without fail, cannot be expected from an inefficient and backward-looking judicial system. Thus, judicial reforms in this regard are a must. Besides, under the new scheme of things or a judiciary enjoying independence, supervision, accountability and restructuring of the lower judiciary would become fully the responsibilities of the higher judiciary. But the question which cannot help but arise in the present context is, how efficiently the higher judiciary in its present state will be able to play the guardian role over the lower judiciary?

Even the President, Dr Iajuddin Ahmed, is on record clearly expressing his views about the judiciary when on 11 January of this year he addressed the nation on the occasion of reconstitution of the caretaker government. The President's address reflected national sentiments and aspirations. Among the major ailments of the nation, as the President noted at that time, was the existence of individuals of dubious competence and character in the upper echelons of the bureaucracy. The President, at that time, declared that reform and cleaning of the judiciary would be among the main objectives of the new caretaker government. Thus, the conscious sections of people and the concerned ones in the judiciary itself, are all for pushing through such reform activities in the judiciary immediately so that this vital task can be completed within the tenure of this government. The government may establish a judicial commission to prepare the modalities for scrutiny and restructuring of the upper judiciary. The present mode of appointing High Court judges mainly by the President should also undergo changes. The process may be made a transparent one so that the President acting in this matter, upon consultation with the Chief Justice, appoints judges from a short list proposed by the latter.