The New Nation - Internet Edition

UNB, Dhaka

Chief Justice Ruhul Amin Monday said only an independent judiciary is able to protect human rights and fundamental freedoms of the individuals by dispensing justice impartially in strict adherence to the law.

"Human rights are the rights which humans should enjoy and the State have positive duty to safeguard their enjoyments and negative duties not to deny them," he said at a symposium marking the 59th anniversary of the Human Rights Declaration by the United Nations. The United Nations Association of Bangladesh (UNAB) organised the symposium at Hotel Purbani on Monday afternoon. The chief justice said for this essential task to be fulfilled effectively and efficiently, the public must have full confidence in the ability of the judiciary to carry out its functions in an independent and impartial manner.

Chief Justice Ruhul Amin said there is no denying that whenever this confidence begins to erode, neither the judiciary as an institution nor individual judges will be able to fully perform this important task, or at least will not easily be seen to do so.

Consequently, the principle of independence of judges has not been invented for the personal benefits of the judges themselves but has been created to protect human beings against abuses of power. Terming the recent judiciary separation from the executive as a new historical phase, the chief justice said both the judiciary as an institution and also the individual judges deciding particular cases must be able to exercise their professional responsibilities without being influenced by external forces or any other inappropriate sources.

The Chief Justice said a legal system based on respect for the rule of law also needs strong, independent and impartial prosecutors willing strongly to investigate and prosecute suspected crimes committed against human beings, even if these crimes have been committed by persons acting in official capacities. "Unless judges and prosecutors play their respective key roles to the full in maintaining justice in society, there is a serious risk that a culture of impunity will take deep root, thereby widening the gap between the population in general and the authorities." Among others, the function was also addressed by Supreme Court Bar Association president Barrister M Amir-Ul Islam and UNAB president Prof Mozaffar Ahmed.