Chief Justice Syed Refaat Ahmed today (Sept 21) said that for ensuring neutral trials, it is essential to liberate the judiciary from the control of the executive section and the legislative section.

The judiciary is jointly controlled by the law ministry and the Supreme Court in a serious violation of neutrality standards, and thus needs a range of reforms including an independent secretariat like the Election Commission’s.

The chief justice, who replaced his previously pro-Awami League colleague last month, was making these remarks before lower court judges at an event held on the Supreme Court premises in the capital.

A proposal for building an independent judiciary secretariat will be sent soon to the law ministry, Refaat Ahmed said urging Chief Adviser Prof Muhammad Yunus and Law Adviser Asif Nazrul to implement the proposal at the earliest.

However, forming a separate secretariat would only be the first step in making the judicial system trustworthy, reliable, thrifty and affordable for the general people.

For making the judicial system transparent and accountable, authorities also need to increase the number of judges, improve lower court infrastructure, outline regulations for promotion and transfer of lower court judges, formulate a law for appointing Supreme Court judges and ensuring top court appointments through the collegium process.

Refaat Ahmed categorically blamed the sole reliance on a constitutional provision for creating an unprecedented chaos in the judicial system. The Section 95(1) of the constitution gives the president, elected from a ruling party, the sole power to appoint top court judges, making the appointments highly politicised.

Instead, the chief justice called for forming a collegium, a group where each member or judge has equal power, for appointing top court judges.

BDST: 1831 HRS, SEPT 21, 2024
MN/SMS