Political interference, inefficiency, corruption and a lack of independence have eroded the judiciary and a comprehensive overhaul of the judiciary is needed to improve the situation, experts said at a dialogue on Monday.
The dialogue titled 鈥楧ialogue for Democratic Reconstitution on Judiciary鈥�, was organised by the Centre for Governance Studies at the Centre on Integrated Rural Development for Asia and the Pacific鈥檚 auditorium in the capital Dhaka.
The discussion, which brought together legal experts, politicians, academics, rights activists and students, called for sweeping reforms to both the lower and higher courts.
It observed that successive governments had used the judiciary to suppress political opponents and maintain control.
The reform suggestions include decentralising the Supreme Court, increasing judicial appointments, ensuring transparency in judge nominations and fostering an independent judiciary.
Law adviser Asif Nazrul criticised the Supreme Court for supporting political regimes and oppressing citizens.
He revealed that the law ministry had received three separate draft proposals for a Supreme Court Judges Appointment Law 鈥� one from the Chief Justice, another from the Judicial Reform Commission and the other from the caretaker government of 2007鈥�2008.
鈥楾hese drafts are largely similar, with minor differences. We have prepared a draft law through consultation with experts, politicians, academics and stakeholders,鈥� Asif Nazrul said.
He added that the proposed law could be enacted within a month.
He also stressed the need for an Independent Supreme Court Secretariat that was proposed by the Chief Justice.
鈥楾his could be established within three months,鈥� Asif Nazrul said.
He emphasised depoliticising attorney services and said that a permanent prosecution service could be introduced within six months.
He called for ensuring smoother power transfers and eliminating political abuse.
Communist Party of Bangladesh鈥檚 former president Mujahidul Islam Selim called for economic reforms to eliminate systemic looting and strengthen law enforcement.
He emphasised that the judiciary must be free from the influence of party politics and financial power.
Bangladesh Nationalist Party鈥檚 senior leader Nitai Roy Chowdhury stated that every political party operates with its own agenda and ideology, resulting in having differing views on judicial reform.
He stressed that the first priority should be reforming the lower courts, as most of the harassments occur at this level.
Dhaka University law professor Borhan Uddin Khan emphasised that judicial independence is fundamentally a political issue.
Instead of merely aiming to free the judiciary, he called for efforts to minimise political party influence on it.
He highlighted the need for addressing the promotion and transfer of judges, noting that 鈥榩unishment posting鈥� often occurs when political power changes, reflecting deep-seated political interference.
Borhan said that true independence stemmed from the mindset of judges rather than legal provisions and urged procedural reforms to lower case costs and speed up trials.
Former Supreme Court registrar Ikteder Ahmed criticised the interim government for failing to uphold constitutional guidelines, while Supreme Court lawyer Shihab Uddin Khan highlighted the need to decentralise the High Court and make the lawyers鈥� regulatory body, Bangladesh Bar Council, functional.
Lawyer Rokhsana Khandakar stressed that reforms must start at the grassroots, beginning with the lower courts, which are most affected by inefficiency and harassment.
Senior lawyer and women rights activist Sara Hossain pointed to judicial harassment as a growing concern, calling for research on the issue.
She also highlighted the lack of female representation in various reform commissions constituted by the present interim government and the neglecting of individuals with disabilities.
Senior BNP leader Ataur Rahman Dhali said that no political party had democracy within them, which was the reason why the country did not have proper democracy.
He said that the interference of the other agencies in the judiciary had been a major issue.
He said that the dream of the county鈥� independence was not materialised, as the political parties did not practice the basic norms of democracy within institutions.
Activist Didarul Alam shared his ordeal under the Digital Security Act, while activist Rafid Azad Soumik said that restoring democracy was essential for ensuring judicial independence.
Former district judge SM Badrul Islam proposed strict time limits for civil cases to address backlogs.
Zillur Rahman, executive director of the CGS, said that reforms were vital to democracy and justice.
The session, chaired by CGS chairperson Munira Khan, underscored that without political will, the judicial reform would remain elusive, perpetuating a system marred by inefficiency and bias.
Jatiya Nagorik Committee member Molla Mohammad Faruque Ahsan, Supreme Court lawyer M Sarwar Hossain, academician and politician Musharaf Ahmed Thakur, former Jatiya Party lawmaker Shameem Haider Patwary and International Crimes Tribunal chief prosecutor Muhammad Tajul Islam, among others, spoke at the event.
