Internet Edition. November 28, 2008, Updated: Bangladesh Time 12:00 AM 
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Separation of judiciary proves vital for its independence

Staff Reporter

Justice of Appellate Division of the Supreme Court Mohammad Joynal Abedin yesterday said implementation of the verdict in Masder Hossain case on separation of judiciary from the executive is playing a vital role for the independence of the judiciary.

The verdict is important for the independence of the judiciary though it is repeatedly mentioned in the Constitution. Justice Joynal Abedin said this while addressing a seminar on “Anniversary of Independence of Judiciary: Expectations and Achievements” at the Supreme Court Bar Association auditorium.

Justice Joynal Abedin referred to existence of the emergency rules in the country that suspended the fundamental rights of the people provided by the Constitution and said the government has promulgated different ordinances in line with the state of emergency and courts are holding trials on the basis of these rules.

He said it is difficult to evaluate achievements of the separation of judiciary in the present situation prevailing in the country.

“However, we have to work more to achieve our main objectives,” he observed.

Justice Joynal Abedin emphasised the need for establishing a separate judicial secretariat immediately to ensure dispensation of justice in courts, administrative monitoring, direction and control.

He also underlined the need for increasing salaries, remunerations and incentives of judges of the lower courts. “Otherwise, it will be difficult to attract meritorious, eligible, skilled and honest people to the judiciary,” he observed.

Presided over by Dr M Shamsul Haque, Vice Chancellor of Northern University (NU), the seminar was also addressed, among others, by Barrister Shafiq Ahmed, president of Supreme Court Bar Association and Barrister Amirul Islam, former president of SCBA. Barrister Ashrauzzaman, a teacher of Department of Law of the NU presented the keynote paper.

Barrister Shafiq Ahmed alleged though some works related to the lower courts like the promotion, transfer have been entrusted with the Supreme Court, there is still the hand of executive branch in this affair.

Barrister Amirul Islam alleged verdict in the Masder Hossain case has been distorted by the duel role of the government.

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