Permanent attorney service, independent investigation agency in draft report聽
The judiciary reform commission is set to recommend key reforms including establishing a separate secretariat for the judiciary under the Supreme Court, aiming to free the judiciary from the influence of the executive branch of the state.
According to the members of the reform commission, their recommendations also include the formation of an independent and logistically equipped attorney service.
The reform commission identified the issue of politically affiliated attorneys being hired, which often resulted in biased and weakest legal representation, a member of the commission said.
The attorneys even receive inadequate remuneration under the present system, the member pointed out.
Formed on October 3, 2024, the commission is expected to submit its recommendations to the government today, said Dhaka University鈥檚 law department associate professor Quazi Mahfujul Hoque Supan, one of the members of the commission.
He said that they would also submit the report to the chief adviser, Professor Muhammad Yunus, on February 5.
A seven-member judiciary reform commission, headed by retired Appellate Division judge Shah Abu Nayeem Mominur Rahman, was assigned to submit a report by the first week of January this year. The commission later got one more month to submit their report.
The other members of the commission include High Court judges Justice Emdadul Haque and Justice Farid Ahmed Shibli, former district and session judges Syed Aminul Islam聽 and Masdar Hossain, Dhaka University鈥檚 law department associate professor Quazi Mahfujul Hoque Supan and Supreme Court lawyer Hussain Shawn.
Due to many challenges, including professional inefficiency, attorneys lose in lawsuits, and, to address this, the commission is going to recommend transforming the attorney system into a permanent service, where lawyers would be appointed through recruitment tests, said one of the reform commission members.
As the police simultaneously play roles for law enforcement and investigation, effective investigation into cases is hindered. That is why, the commission will propose the establishment of a dedicated investigation agency so that the investigations can be done effectively, another member of the commission said.
They said that some police officials might be apprehensive about the establishment of the agency.
They, however, clarified that the investigation agency would be comprised of the existing police personnel as immediate manpower expansion would not be feasible.
For the investigation agency, a framework will be introduced to ensure investigations in coordination with the attorney service, they said and added that the collaboration between the attorney service and the investigation agency would result in more accurate charge-sheet framing.
They said that they would also propose a specialised 鈥榚vidence unit鈥� within the investigation agency for the protection of the witnesses and collecting, preserving and presenting evidence in the courts.
To facilitate the swift resolution of trade and commerce-related disputes, the reform commission is set to recommend the establishment of a 鈥榗ommercial court鈥� as delays in such cases adversely affect businesses and the economy.
Furthermore, the reform commission highlighted the need for reforms in legal education, emphasising ethics, codes of conduct, and professionalism among lawyers.
The commission鈥檚 recommendations also stressed the need for alternative dispute resolution as a means to alleviate the burden on the judiciary.
Appointing Supreme Court judges by the Supreme Judicial Appointment Council will be one of the key recommendations, the commission members said.
Law, justice, and parliamentary affairs Adviser Asif Nazrul on January 21, however, disclosed that Supreme Court judges would now be appointed through an independent council under a newly promulgated ordinance.
