Involving judges in politics erodes confidence in them
Legal experts tell seminar
Staff Correspondent
The judiciary is slowly losing public confidence and greatness due to its politicising through involvement of judges in the politics, eminent legal experts said at a seminar yesterday.They expressed the view at a seminar on "Caretaker Government and Electoral Reforms: Legal Framework" organised by Jatiya Ainjibi Parishad at the Supreme Court Bar Association auditorium in the city. Provision for appointing the former chief justice as the chief advisor of the caretaker government in the constitution and appointments to posts like the Chief Election Commissioner allure the justices while the political parties take these opportunities to make them loyal to their parties, the legal experts said. They called on the government to hold dialogue on the reform proposals on the caretaker government and electoral process placed by the 14-party, as they think the next national elections are not going to be fair and free without the reforms of these two crucial democratic institutions. Then chief justice Shahabuddin Ahmed's being the chief of the caretaker government on national consensus after the fall of Ershad regime consequently contributed to the appointment of the immediate former chief justice as the caretaker government chief, Bangladesh Bar Council Vice Chairman barrister Rokanuddin Mahmud said. The elections in '91 and '96 were also above any debate, but the national polls in 2001 under the then chief advisor of the caretaker government drew a lot of questions that later prompted the opposition parties to propose reform proposals, he said. Besides, the government started appointing the judges on political consideration, extended their tenures, and the judges also started counting years to be the chief justice. "Thus with the political attitude of the judges, total judiciary is losing public trust," he said, adding that the government, on the other hand, is not taking steps to separate the judiciary. Stressing the importance of the 14-party reform proposals on caretaker government, he said the option of appointing the chief of the caretaker government a person other than the chief justice is more democratic, liberal and acceptable in the parliamentary democracy. It is mysterious that the government took time on 24 occasions during the last four years of its tenure for the separation of the judiciary, but made no progress, eminent jurist Dr Kamal Hossain said. Criticising the law minister's silence about the probe of debatable appointment of judge Fayzee, he said Supreme Court Bar Association (SCBA) sent a letter to the president following the High Court's reference to form a supreme judicial court in that regard, but the law ministry is yet to take any step in three months. The government is not committed to developing the law and order situation in the country, he said. "Why should the home ministry be run by a state minister?" he said. He also questioned the role of parliament when it does not hold the ministers accountable for their failures to fulfil the promises that the government made before elections. "This is because the MPs are not elected through legal means. The party sold their nominations at a high price to the businessmen who cannot make policies for the country," he said. SCBA President Mahbubey Alam regretted that the educated people do not come to politics due to its criminalisation and commercialisation. "Unless and until the caretaker government and the electoral process are reformed, the country cannot be free from such crimes," he said. He urged for reforms of electoral process and demanded declaration of the assets and liabilities of the lawmakers before their elections. On the appointment of the chief advisor of the caretaker government, he said there are at least 100 people in the country who deserve to be acceptable to all the political parties. "But the present government is not willing to accept this proposal other than the present options for the caretaker government in the constitution, as they want to place its partisan person in that post," he added. Justice Nizamul Haque Nasim presented the keynote paper, while Bangladesh Bar Council Executive Committee Chairman Yusuf Hossain Humayun and advocate ZI Khan Panna spoke at the seminar moderated by advocate Ruhul Kuddus Babu.
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