A new Chief Justice has just sworn in. Justice Tofazzal Hossain took oath yesterday but will be at the helm of nations Judiciary for a relatively short term. Future will decide how well he served his role as nations chief judge. However, his promotion clearly breaches a promise made to the nation by this government. Criticizing previous BNP government for manipulation and politicization of judiciary, the current ruling party made a promise to the nation to stop any further manipulation and politicization of judiciary.
As we continue to see the glorious role being played by the high court judges in upholding human rights and rule of law, we also see the ever growing urge in ruling party to see a subservient judiciary.
Justice Tofazzal Hossain has been made chief Justice superseding Justice Fazlul Karim. The time honored tradition of promoting judges according to seniority has again been breached. Definitely the government has a standard which one has to fulfill before one is promoted to higher ranks.
Recent comments made by the full and half ministers for Law about a sitting judge reminds us of the standard government leadership expects.
In threatening and criticizing Justice nazrul Islam Chowdhury for the comments he made in a human rights related meeting, the state minister of law reportedly stated that, ” He was recruited by our government. Such a statement from him is unfortunate. ওই বিচারপতি ১৯৯৬ থেকে ২০০১ সালে আমাদের সরকারের সময়ে নিয়োগপ্রাপ্ত। তার কাছ থেকে এ ধরনের বক্তব্য আসা দুঃখজনক।”
Taking two sentences out of context from a long speech, both the ministers launched attack on Justice Nazrul Islam Chowdhury. In his long speech Justice Chowdhury discussed in detail on article 70 of our constitution which kind of make sour parliament not the perfect debate ground. At the end of his speech he also brought the issue of extra Judicial killing. He said,
… বিচারবহির্ভূত হত্যাকাণ্ড অবশ্যই বন্ধ করতে হবে। বিচারবহির্ভূত হত্যা বিচার বিভাগের জন্য বড় ধরনের আঘাত। আমরা বিচারপতিরা জনগণের অধিকার রক্ষার শপথ নিয়েছি। কিন্তু আমাদের সামনেই যখন বিনা বিচারে কাউকে হত্যা করা হয়, তখন আমাদের জন্য সেটা আঘাতস্বরূপ। কোনো আইনশৃঙ্খলা রক্ষাকারী বাহিনীর সদস্যের হাতে কাউকে হত্যার দায়িত্ব তুলে দেয়া যায় না। এটা জাতির জন্য আত্মহত্যার শামিল। …যারা সংসদ সদস্য হবেন, তাদেরকে আইন প্রণয়নের বিষয়ে সম্যক ধারণা থাকতে হবে। সংসদ সদস্যদের দায়িত্ব হলো জনগণের মঙ্গলের জন্য আইন তৈরি করা। আইনের খুঁটিনাটি বিষয় নিয়ে বিতর্ক করা। আইনের একটি শব্দ, সেমিকোলন—এসব বিষয় নিয়ে দিনের পর দিন বিতর্ক হতে পারে। কেরানিরা আইনের ড্রাফট তৈরি করে আর সংসদ সদস্যরা সেটা হো হো করে তালি বাজিয়ে পাস করে দেবেন, এটা তাদের দায়িত্ব নয়। অনেক সংসদ সদস্য আইনের ড্রাফটটি অনেক সময় পড়েও দেখেন না। দলীয় লোক আইন উত্থাপন করেছেন, তাই এটা পাস।
…Extra Judicial Killing must stop. Extra Judicial Killing is a rude attack on the judiciary. We, the judges have taken oath to uphold the rights of people. But when someone is killed ( by the state) in front of us, it is a direct attack on us. No law enforcement agency can be given the right to take the life of a citizen. It is like a suicide for the nation. Members of Parliament must have comprehensive knowledge in drafting laws. It is the responsibility of the Members of Parliament to make laws those are beneficial for the people, debate on every nitty gritty of the proposed law. There can be debate day after day about one single word, a semi colon etc in a proposed law. Parliament clerks will draft the laws and the Members of Parliament will approve it hand clapping and saying Ho Ho, ( without doing any debate)–it is not their job. Many Members of Parliamen sometimes don’t even read the draft law. They only vote for it as the bill was brought in a member belonging to the same party…
While even we the bloggers refrain from making harsh comments against a sitting judge, these two ministers did not shy away from making sweeping comments against a sitting judge. While one has threatened to unseat the judge by revoking supreme judicial council, the full minister of law made public statement saying the judge made those comments out of his own ignorance.
The comments of these two ministers make me worry about the future of our independent judiciary. The high court division has been doing great job in upholding the rights of the citizens of the country. The nation is proud of them and hope to remain proud of them.
Unfortunate actions of both the sitting judge and two ministers.We request both govt and people from judiciary to refrain from further spoiling the healthy environment beign developped after long aspired by the people of the country. Let us learn to have passion, mutual respect and acceptance to criticism. I dont think the judge spoke bad in the seminar, except body language and choice of few words. He didnt tell a single lie. On the otherhand, if the ministers would not have reacted too wrongly, I dont know what they would loose. I think they would gain more. Hope everybody will take lessons from this unfortunate event. ALO
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I believe Justice Tofazzal Hossain presided over the recent court bench which upheld the death sentences in the Bangabandhu trial appeal. ( I could be wrong)
He was certainly rewarded for his role in finally helping to conclude this long drawn out trial.
The judiciary in Bangladesh is highly susceptible to political manipulation, we saw a blatant example of this when the judiciary was used at various times to either punish or reward H.M. Ershad for his ever shifting political support.
Our high court judges have a tendency to protect their skins and align themselves with the agenda of the civilian government.
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The DST concerns in the cabinet quite clearly revealed that fact that the ministers have very little to do if we do a comparison with the advisers. An adviser told it will save power, PM knocked the clock an hour ahead; and when that adviser thought it’s been enough, PM will now put stick on the clock so it becomes an hour late. All these were done with the cabinet where the 2nd class members (the ministers) didn’t enjoy a power to influence the decision.
I mean Bangladeshi cabinet members have approved millions of proposals just because the PM told them do so. But there will be differences in how they accept a decision that comes from just the PM and a decision that is openly and frequently insisted by a particular person, who shares very little passages of the party politics those those 2nd class members do fully.
In a system where a journalist had his bones broken by the pelted stones from ruling party activists because he reported graft done by PM’s son, the culture is yet to come where a single member will be comfortable to not sign in a proposition raised at the cabinet. The highest one can do there is to utilize the chance to speak and to put diplomatically presented criticism against what they didn’t like, and so they did while signing in the new DST proposition to pass to the house. The vehemently criticized the early version of DST which they said to be and which even has been a matter of sufferings to the commons.
These criticisms have been nothing but the outburst of the 2nd class cabinet members against appears-to-be-unusual power one of the 1st class members D. Taufiq-e-Elahi Chowdhury, eh?
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Extra Judicial Ministering is a bigger crime than extra judicial killing.
And even worse than that is Extra Judicial Newspaper-attacking.
Amar Desh report of B.Omar posted above, is a must read for everyone, in fact it should be translated by DP for all public to read. Newspaper is the voice of the public in a democratic system of nation building. Throughout history of the West, it has always been the role of newspaper that has led to giant progress in governance.
Amar Desh, Keep it up.
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Is Advocate Quamrul Islam going to sue Badruddin Omar for calling number of them ” Moha Murkha” ? Did we debate Fourth Amendment before making it a law ? Or Fifth Amendment and so on and so on !! Don’t expect people like ex-MPs Nasiruddin Pintu and Haji Selim getting to details like comma or full stop, and debate for days ! It’s unfortunate but that’s the overwhelming quality we have. It’s no good accusing them for not debating before enacting a law, they just don’t have it in them. That’s probably why PM has surrounded her with so many Advisors !!!!
It’s about time we start evaluating and measuring performances of MPs in the parliament . Aren’t they accountable to anybody ? If a MP does not attend and perform in the parliament what moral ground does he have to get paid for being a member ?
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