A misguided approach to justice

The decision by some student leaders to protest on the High Court premises on October 16, demanding the resignation of "pro-Awami League fascist judges," was disappointing and unnecessary. In a country where the rule of law is upheld, Supreme Court premises should be regarded with sanctity. Pressuring the judicial system and the chief justice to remove questionable judges through protests on court grounds is not the right approach, as it fails to show proper respect for the judiciary.

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Stop politically motivated attacks within court premises

For the sake of argument, let's assume these judges should be removed because of their controversial appointments. However, there is a proper and legal way to accomplish that. If there is any place where the rule of law must take precedence, it is on court premises—especially when it concerns the court and its officers. Under the previous autocratic Awami League regime, we witnessed how all systems of governance, including the legal system, were completely undermined. In the new Bangladesh we aspire to create, we must ensure that no one similarly bypasses the system to achieve their goals, as this would set a dangerous precedent that could cause further harm in the future.

The students could have met with the chief justice to express their concerns about judges whose appointments were considered questionable. It is true that, during its 15 years in power, the AL faced numerous allegations of filling the High Court with loyalist judges. However, the chief justice could have addressed these concerns through proper legal procedures, as even those judges have a constitutional right to defend themselves. In light of this, at least the chief justice did not violate proper procedure to remove them. Instead, he decided that 12 judges will not be assigned to benches for now, meaning they will not be participating in judicial activities for the time being.

To follow proper procedure, the attorney general would simply need to withdraw a review application challenging a previous Supreme Court decision that struck down a constitutional amendment aimed at transferring the power to remove judges from the Supreme Judicial Council to parliament. Afterward, allegations against the judges could be presented to the Supreme Judicial Council, which would determine whether there is sufficient cause for their removal.

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Dubious cases are an injustice to July massacre victims

For the sake of judicial reform, independence, and the proper dispensation of justice, there is no alternative but to establish due process and the rule of law. To achieve this, legal procedures must be followed, even to correct any wrongs that have been done. Therefore, our message to students is that, while we respect your views, we urge you to respect the process.