Dhaka, Dec 23 (V7N) — Law Adviser Asif Nazrul has said that appointing judges to the higher judiciary based on political affiliation is a major factor contributing to the country’s downfall.
He said: “Judicial appointments to the higher courts are among the key factors destroying Bangladesh. We constantly talk about the independence of the lower courts, but what does that even mean? It means the lower courts should be accountable to the higher courts, right? But if the higher judiciary is the most loyal to political parties, or composed of partisan judges, what good is the independence of the lower courts?”
Highlighting how partisan judges hinder good governance, he said: “The higher judiciary must first be fixed. Appointments to the higher judiciary need to be corrected. If it is pre-determined that only individuals chanting 'Joy Bangla' or 'Zindabad' will be appointed, then you cannot expect much from the higher courts.”
Asif Nazrul made these remarks at a dialogue organized by the Center for Governance Studies on Monday at the Cirdap Auditorium in Dhaka.
He said: “The demand for judicial reform is not new; this has been discussed for decades. For the last 20-25 years, there’s been talk of enacting a law for appointing judges to the higher judiciary. There’s been talk of ensuring justice in the lower courts, forming a secretariat for the lower courts, and establishing a prosecution service to prevent delays in cases. These issues need to be addressed. These are known problems, and a judicial reform commission has already been formed.”
He said: “We plan to hold a broad-based consultation with various legal experts, including those affiliated with political parties. If we manage to appoint 30-40 good judges to the higher judiciary, people will at least benefit from quality judges for 20-25 years.”
“In Bangladesh, it is almost impossible to appoint an attorney general without political bias. To address this, we need a permanent prosecution service, which may take about six months.”
Nazrul expressed hope that if given about a year, he could complete the reform initiatives.
However, he acknowledged the role of political ownership: “Even if we complete these reforms, the next government might nullify them.’’
“I believe the stronger our consensus, the harder it will be for the subsequent government to overturn these reforms,” he added.
The legal advisor also remarked: “I always said that if fair elections are held in the country, the judiciary would never become so ruthless or oppressive. I have a theory: if elections are held every five years and reflect the genuine will of the people, the oppressive ruling parties in Bangladesh could not act with such impunity.
“We saw this in 1991, 1996, and 2001. If elections become meaningless, accountability disappears. Arbitrary oppression begins. Election reform must be at the core of all reforms. Power must be transferred peacefully. This is the fundamental condition for democracy, human rights, and the rule of law.”
Mujahidul Islam Selim, former president of the Communist Party of Bangladesh (CPB), said: “The issue of discussion here is the reform of political parties; some have talked about judicial reform leading to political party reform. But no one has addressed the fundamental issue.”
“Fundamental reform of the economic system is necessary. As long as the plunder-based system exists, we cannot bring about legal or structural change. In a class-divided society, genuine justice is not possible,” he said.
He added, “So, what is lawful is not necessarily just. Our judicial system needs to align with what is just.”
The event was presided over by CGS Chairperson Munira Khan.
END/MSS/AJ
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