Chief Justice Syed Refaat Ahmed on Saturday urged the interim government to implement proposals for reforms urgently to enable the judiciary to function neutrally and independently.
He raised the proposals while addressing a gathering of subordinate court judges at a ceremony at the Supreme Court garden on Saturday.
The ceremony highlighted several challenges that were undermining the efficiency and independence of the judiciary.
One of the key reforms the chief justice proposed was the establishment of a Supreme Court Secretariat, akin to the Secretariat of the Election Commission and Parliament, which would centralise the administrative authority of the judiciary.
This, he noted, would end the dual administration system currently seen by subordinate court judges, who were now being overseen by both the law ministry and the judiciary. He believed that the arrangement was undermining the independence of the judiciary.
He also highlighted Article 109 of the Constitution, which vests the High Court Division with supervisory authority over all subordinate courts.
According to the chief justice, the power of appointment, transfer, promotion, and disciplinary action concerning subordinate judges should be vested in the Secretary of the proposed Supreme Court Secretariat, thereby eliminating the need for amendments to existing laws.
He underscored the need for a complete separation of the judiciary from the executive and the legislative branches to preserve its independence and impartiality.
鈥業t is not the role of the judiciary to govern according to the whims of the rulers,鈥� he asserted. 鈥極ur duty is to establish the rule of law鈥�.
The chief justice voiced strong concerns about the current process for appointing judges to the Supreme Court, pointing to Article 95(2) of the Constitution, which outlines the qualifications for such appointments.
He argued that political considerations often took precedence in these decisions, which he described as being 鈥榗ontrary to the administration of justice.鈥�
To address this, the chief justice advocated for the establishment of a judicial collegium system similar to that of India or an independent appointment commission, as seen in the United States, to ensure that appointments to the higher judiciary were made purely on merit.
He cited the disconnect between the bench and the bar, the infrastructural inadequacies of the courts, and the absence of clear guidelines on the transfer and posting of subordinate judges as key issues that were stalling judicial progress.
The chief justice also expressed concerns regarding the laws governing the appointment, regularization, and promotion of judges to the higher judiciary and warned that political considerations had often superseded merit in these processes, thus eroding the integrity of the judiciary.
He emphasized that the judiciary鈥檚 core function was to impartially resolve disputes swiftly at a minimum financial cost and uphold the rights of individuals, society, and the state.
In his speech, the Chief Justice also called for the reactivation of the Judicial Service Pay Commission, which, under the directives of the Masder Hossain case, is required to recommend revisions to the pay scales and benefits of judicial officers every five years.
鈥楾he judiciary must be strengthened through appropriate reforms to restore public trust and ensure it remains an independent, skilled, and modern institution capable of delivering justice impartially,鈥� he said.
The chief justice declared a 鈥榸ero tolerance鈥� policy towards corruption within the judiciary and said that even the individual misconduct of a judge could tarnish the reputation of the entire judicial system.
He warned that any failure by judges to curb corruption would be considered professional misconduct.
Addressing the alarming backlog of 4.2 million pending cases, the chief justice attributed the delays to a shortage of judges.
He urged the interim government to expedite the appointment of an adequate number of judges.
The chief justice condemned the prolonged probe into the murders of journalist couple Sagar Sarowar and Meherun Runi, highlighting the 111 deferrals in completing the investigation.
He called on prosecutors to remain vigilant to avoid undue delays.
The chief justice also urged the government to allocate funds for the implementation of an electronic judiciary system, a project that remained stalled since 2015.
He urged the government to immediately address the courtrooms, accommodations, and transport crisis of the subordinate court judges.聽
He proposed that the allocation of budgets for district courts should similarly be placed under the control of the Supreme Court Secretariat.
Law adviser Asif Nazrul raised concerns about the judiciary鈥檚 role during the student-led mass movement and questioned whether judges, including the then CJ, had fulfilled their constitutional duties.
He highlighted the refusal of some judges to hear cases involving Nobel Laureate Professor Muhammad Yunus during the unrest.
鈥業 have long questioned whether we, including the judges, discharged聽 our obligations,鈥� he said in a speech to subordinate court judges, where the CJ and other Supreme Court judges were also present.
The law adviser further announced plans to recommend the formation of independent prosecution, investigation, and attorney services to the Judiciary Reform Commission, chaired by Justice Shah Abu Naeem Mohammad Mominur Rahman.
He also advocated for the establishment of a separate secretariat for the Supreme Court to ensure greater independence.
He assured that judicial reforms, including changes to the appointment process, would be considered by the interim government.
Criticizing the judiciary鈥檚 image, Asif Nazrul pointed out questionable conduct by some judicial officers, including a Chief Justice who accepted a bouquet from leaders of a student wing of a political party and a golden sword from a controversial police officer.
Attorney General Asaduzzaman asserted that no extra-judicial killings had occurred since the interim government assumed power following the fall of Sheikh Hasina.
Reflecting on what he termed the 鈥榠ntellectual corruption鈥� of judges during the Awami League tenure, Asaduzzaman called for a comprehensive anti-corruption drive within the judiciary.
The Chief Judicial Magistrate of Naogaon, Biswanath Mondal, and Khulna District Judge, Mahmuda Khatun, also addressed the gathering on behalf of the judicial officers.
