Despite opposition of two former Chief Justices (CJs) and senior jurists two years ago to the move to restore JS’s or parliament’s power to impeach apex court judges by rescinding the current Supreme Judicial Council (SJC) system at a meeting of the parliamentary body for constitutional amendment on April 24, 2011, the Cabinet in its meeting with Prime Minister Sheikh Hasina in the chair on 18 August 2014 has approved the proposal on amending the Constitution to reinstate parliament’s authority to impeach Supreme Court (SC) judges on grounds of misconduct or incapacity.
Unquestionably, the judiciary must be able to deliver justice at liberty, absolutely freely and transparently without favour or discrimination to protect and uphold constitutional rights of the citizens irrespective of their political, religious or ethnic persuasion. Considering the political realities obtaining in Bangladesh whose body politic is sharply divided into two distinctly divergent groups; a rubber stamp parliament where a lawmaker’s hands are tied as Article 70 of the Constitution debars him/her from voting independently in Parliament against the political party which nominated him/her as a candidate before election; and with de jure authority but little de facto power, the propose law hang over the heads of SC judges like a sword of Damocles. This is because if the judgment/s in court cases rule/s the government as guilty the judge concerned shall certainly be harassed or impeached by the JS i.e. government.
Given that judicial independence and media freedom are essential ingredients of the edifice of democracy forming bulwark against tyranny; regrettably enough, conversely disgust for these indispensable components of democracy apparently runs deep in the thought process of the Awami League (AL) high command which is now ruling after the most farcical election on 5 January 2014 in which some 80 per cent of the voters did not exercise their right of universal suffrage.
A couple months ago the Prime Minister explicitly said that she did not care about ‘contempt of court’ worth worrying about, while talking to the media. She expressed annoyance at the High court interference in 7-murder case of Narayanganj. She said that she does not understand why the court ordered to arrest the RAB personnel who ware allegedly involved in killing the persons. She said, “When we were still investigating the matter … and before that investigation was complete … you [reporters] tell us how come a High Court bench orders arrest of the three [RAB officers] ?…. If the two judges of the bench that gave the arrest order provide detailed information, it will help expedite the case.” When someone spoke from the audience about contempt of court, Hasina said, “Will it be contempt [of court]? Doesn’t matter, I do not care…” [Vide June 01, 2014 en .prothom- alo.com/ bangladesh/news / 48417- /Contempt -rule-sought- against-PM]
The AL rule from 2009 till date has offered the nation horrifying contract murders, custodial deaths of opposition leaders, killings in the name of encounters by the RAB, police and other agencies; enforced disappearances of opposition leaders; closing down Channel One TV, Diganta TV, ban on Bengali daily Amar Desh and incarceration of its editor Mahmudur Rahman who has been in jail for over 850 days in two terms; as well as huge stock market scam, bank frauds and capital flight to the tune of billions of dollars unheard of anywhere before.
An overwhelming majority, probably 80 per cent, of the people became frustrated and perplexed following controversy over the former CJ Mr. Justice Khairul Haque, who as a Functus Officio, completed his verdict on the Caretaker Government (CG) litigation 16 months later after his retirement. A distinguished academic and former public university vice-chancellor questioned the former CJ’s “over enthusiasm for abolishing the caretaker government system. Can he, without going against his oath as a judge, abolish an amendment that was given effect by the legislature in 1996?” The Appellate Division listened to 8 distinguished lawyers as Amicus Curie, 7 of whom opined in support of the caretaker system. A part of his short order on Caretaker Government could definitely be beneficial for the nation if obeyed by the AL government as the learned CJ had suggested two more general elections under CG. “Salus republicae est suprema lex” means safety of the republic is the supreme law. The Appellate Division did not make the CG illegal for the 10th and 11th general elections considering public and national interests. Contrary to this Sheikh Hasina’s irrational will prevailed—-the consequence of which was prolonged turmoil and bloodshed in which many lives were lost.
What we suggest is: because perhaps less than 20 per cent of the MPs have legal background, so the huge number of lawmakers will not be able to comprehend, examine or review verdicts of the SC judges. It will be only judicious and thoughtful to intently reform the SJC which should induct at least four retired SC CJs and four senior SC lawyers, failing which judicial independence will be seriously hindered, opposition political leaders will be harassed and repressed with more criminal cases, justice will be denied and democracy will be in serious jeopardy.
Source: Weekly Holiday
