Professionals from various fields, including politicians, jurists, academics, and journalists at a discussion in Dhaka on Friday called for a clear separation of powers among the three state organs to ensure justice.
The call was made at a launching of the translation of the Masder Hossain case verdict on the separation of the judiciary at the University Press Limited auditorium in Dhaka on Friday.
In the translation of the verdict in Bangla, joint district judge and Appellate Division research and reference officer Millat Hossain, explored the landmark verdict and its implementation.
The speakers emphasised the importance of the implementation of the 12 directives issued by the Appellate Division in the Masder Hossain case to ensure judicial independence by separating the judiciary from the executive branch of the state.
They praised chief justice Syed Refaat Ahmed鈥檚 recent move to advance this separation by proposing the establishment of a Supreme Court secretariat.
Political will is essential to fully implement the 12 directives and ensure judicial autonomy, they stressed.
Supreme Court lawyer Sara Hossain called for a thorough examination of the historical context leading up to July, highlighting how the judiciary鈥檚 lack of separation from the executive branch undermined justice.
She emphasised that fundamental rights to life and personal liberty was compromised due to the judiciary鈥檚 subordination to the executive.
Sara underscored the importance of achieving true separation to safeguard these rights.
Lawyer Jyotirmoy Barua noted a shift in public sentiment, observing that people were now more vocal in critiquing the judiciary, which was unthinkable just months ago due to fears of contempt charges.
He criticised the chief justice鈥檚 recent decision to keep 12 High Court judges out of court and place them on leave under public pressure, warning that this could set a negative precedent.
He, however, added that corrupt judges must be removed but only through established legal procedures.
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Citing Nobel laureate Muhammad Yunus and renowned photographer Shahidul Alam, Sara Hossain pointed to judicial harassment that has affected individuals from lower to higher courts due to inadequate separation. She also stressed the need for clear criteria in the appointment and removal of Supreme Court judges to ensure independence of the judiciary.
Dhaka University law professor Redwanul Haque remarked that successive governments manipulated the judiciary.
He noted that the 14th Amendment increased Supreme Court judges鈥� retirement age to make a former chief justice as the head of the caretaker government, a move that led to subsequent problems.
Redwan highlighted that the Awami League government, through the Fourth Amendment, stripped the Supreme Court of its authority over lower court appointments and discipline, weakening judicial independence.
He branded the Masder Hossain case, commonly known as the Separation of the Judiciary case, as pivotal in the push for an independent judiciary.
Former BNP lawmaker and Supreme Court lawyer Rumeen Farhana reminded the audience that the constitution mandated a clear separation of powers among the three state organs.
She argued that transfer of disciplinary control over lower court judges from the judiciary to the executive by the Fourth Amendment violated this principle and was politically motivated.
Since 1999, no government has implemented the 12-point directive, effectively politicising the judiciary, Rumeen added.
She also noted that the judiciary was formally separated in 2007 during the military-backed interim regime, suggesting that political governments consistently resisted the genuine judicial independence.
抖阴精品 editor Nurul Kabir emphasised the urgent need to democratise the constitution to ensure full separation of powers among the state organs.
He also advocated making Bangla the official language for all court proceedings, arguing that this would enhance accessibility to justice for all citizens.
Ganosamhati Andolan chief co-ordinator Zonayed Saki, was also among the speakers at the discussion moderated by UPL managing director Mahrukh Mohiuddin.