The New Nation - Internet Edition

Md. Ibrahim Mia and

Md. Sekander Zulker Nayeen

As per Constitutional commitment the Judiciary of Bangladesh was made independent from the Executive in an historic moment of November 1st of the last year. The present non-party Caretaker Government coming as to bring a radical change in the three organs of the Government really have done some holistic works making the Judiciary independent charismatically after a long cry and struggle, which was always ignored by the all political and military governments. Establishing social justice independent Judiciary is a must. But surprising is that most of us in a dark about the true independence of Judiciary. Even many intellectuals and Authority presumes independence of Judiciary means mere institutional independence of the judges i.e. judges should be out of control of the Executive and more surprisingly they think the Executive can influence the judges only by the way of appointment. But reality is that the Judiciary would never be independent in true sense and terms only if the judges are appointed by a body which is comprised of non -executive members. There are many other conditions except than appointing judges by a body of non-executive or inferiority number of non-executive members.

It is recognized through all over the world true independence of Judiciary depends upon the fulfillment of three conditions- (a) mode of appointment; (b) security of tenure and thirdly and probably most important one is (c) adequate remuneration and privileges. After recent independence of our Judiciary its outlook has received an apparent independent shape regarding appointment and security of tenure. So we are not interested here to say anything on those matters. But for the betterment of the nation and for the benefit of our long cherished independent Judiciary to get it as truly independent we are to utter here what we feel and what we believe as to matters of adequate remuneration and privileges so that the concerned Authority may take it in their cognizance in right time.

After the journey of its independent way the Judicial Service Commission has completed its recruitment of 390 Assistant Judge and Judicial Magistrate. Critics has nothing to object except but examining the candidates traditionally. Rather the Judicial Service Commission has shown its smartness setting up an example to the PSC how to take public exams in a haste and most possible fair way. This is appreciated by media. If everything were so it was okay.

But those media also has given us sad news that among those 390 judicial officers about 50 (read more geniuses 50 who are in top of merit) are not joining to the Judiciary. The cause of their reluctance is low salary scale. As most of them are working in various private universities in a grand salary of Tk-30,000-40,000 per month how can they sacrifice their present job for a job of Tk-6800 scale? If they do not join really the Judiciary no doubt will loose merit. Who will join will hug lot of sufferings in the present context of price of essentials.

What would be the last? It should be realized by every sensible person. Lastly the Judicial officers will leave the job or… we think the readers know not less well than me (bribe!). Then the personal independence (not to touch bribe, to be influenced) which is the root and fruit of independent Judiciary will be uprooted, all the great purposes will be hindered, a sweet dream will be broken with sorrow. Transparency International in its Global Corruption Report '07 suggested four ways to eradicate judicial corruption.

Recruitment of judges on basis of merit is one of those. But who will not be seized with panic if he came to know that the report also revealed the meritorious/ genius are not ardent to join at judicial service only for the low salary scale.

It should be remained by the Authority that the works of the judicial officers are angelic but they are not angel. Unlike angels they have to eat and drink. There is a saying "a hungry man is an angry man". Can a hungry man make justice properly? If so the number should be very little. The readers will justify whether we are correct or not.

It is a matter of hope that the Pay Commission has suggest to the Ministry of Finance100%Judicial Allowance to the judicial officers.

The young judges are in dilemma whether to join the Judiciary or not, least they should be sufferer or gainer. Some are optimistic and some are pessimistic. The pessimistic are terming the said Judicial Allowance as the "Hanging Radish of Mulla Nasiruddin". We know that famous story of Mulla Nasiruddin. The Ass was not moving. So Nasiruddin managed a trick. He rode on the back of the Ass and hung a Radish before the mouth of that Ass but not in a position to reach. Then it tried to eat that Radish and advancing. In 21st Century has the Finance Ministry any opportunity to be Nasiruddin? Are the guys may be used as an Ass?

For a fresh and good start of the newly rectified judiciary we have nothing to look back. Considering present market price of the essentials and dignity of the judicial profession there is no way to the Ministry of Finance ignoring the proposal of the Pay Commission.

One thing may confuse the Authority not to execute the proposal of the Pay Commission that is opposing from the other services. In this context we would like to remember here the opponents that the nature of the service of the judicial officers and other officers of the service of the Republic are not the same in any way. we are not opposing others but we would be pleased if the salaries of all government servants are doubled. One thing we must insist the judicial officers should be paid their salary from a consolidated fund not by the Finance Ministry. Independence is disgraced if present practice continues.

For smooth functioning of the Judiciary the other privileges of the judges should be ensured. House, transport, supporting stuff and modern technologies should be made available. Promotion of the judges should be regularized. Senior judges should be appointed in various Board, Departments and Foreign Missions proportionately other services of the Republic. Present practice of appointing the Justices of the Supreme Court on the basis of political affiliation should be cancelled and minimum 80% of the justices should be promoted from the lower judiciary. May we hope that our labour to this writing be useful in the process of full-fledged independent judiciary of Bangladesh? Wishing social justice and rule of law for Bangladesh.