Anti-Discrimination Lawyers call for independent judiciary

Anti-Discrimination Lawyers movement council meeting

Dhaka, Nov 02 - Anti-Discrimination Lawyers movement council on Saturday demanded an end to the culture of making judicial appointments on the basis of party considerations.

They stated  their 11-point demand at a discussion meeting on the judicial reforms proposal organized by the Anti-Discrimination Lawyers Sangam Parishad at the National Press Club.

"It is time to evaluate the merits by formulating suitable policies in this regard. At least three years of experience as a lawyer in the legal profession is mandatory for appointment as a lower court judge," the recommendation by the lawyers highlighted.

Advocate Abu Bakr Siddique presided over the discussion, while Masdar Hossain, (former district and session judge) was present as the main discussant. Besides, Advocate Dr. Md. Sajjad Hossain Babu (Former Joint District Judge), Advocate Abdur Rahman (Former Additional Chief Metropolitan Magistrate) were present as special guests. Lawyers from various district bars including Dhaka were also present.

Speakers said, the government has ruled the country with its loyal administration by misapplying the law. There is no doubt that the Judiciary has been involved in rampant irregularities as it has been weak and prostrate in the past years due to the mere partisanship of those concerned.

Stating that there is no opportunity to look lightly at the issue of judicial reform in building an independent judiciary, the speakers said, "We welcome the initiative of the interim government to form the Judiciary Reform Commission for the reform of the judiciary." However, to make this reform permanent, some changes can be made in the outline of the current reform commission.

They suggested that the reform commission should be expanded to include at least three members representing victims of judicial aspirants, former investigating officers, one each from high court and lower court prosecutors, at least two more learned lawyers and the required number of law students (student representatives).

In their demand, they first highlighted the need to amend the constitution to reform the judiciary. Besides, for the independent judiciary, all activities of the Supreme Court and subordinate courts should be conducted in Bengali language. That is, Bengali must be made the language of the court mandatory.

Demanding a change in the procedure of filing the case, they said that if the written complaint of the litigator is submitted to the concerned police station, the entry number should be given and the complainant should be given a receipt copy. Within 24 hours of submission of the complaint, if the truth is found after the preliminary investigation, FIR is automatically filed and if the truth is not found, the court must be informed. This will stop discrimination, irregularities, bribery and corruption in the police station.

Even in filing a case in the court, the Chief Judicial Magistrate/ CMM court itself will settle the matter of admission of the case.

Demanding the formation of an independent investigation commission to investigate criminal cases, the platform said that the investigation commission will only investigate the case and produce witnesses in the court. The period of investigation may be maximum 2 months.

The organization demanded to make the matter of obtaining the signed copies of judgments and orders at low cost and easy.

Demanding mandatory training by establishing training institutes for lawyers, they demanded to upgrade the law profession to  first class status . Changing the dress code for lawyers should be given a permanent notification in consideration of material warmth.

Claiming that if there is any case or warrant against the lawyers, they should refrain from arrest without the approval of the concerned bar, they said the Supreme Court and the subordinate courts should listen patiently to the speech of the lawyers without negligence and refrain from gossiping. The number of Judges and Judiciary concerned and the infrastructural development of the courts should be increased to reduce the case congestion.

Demanding implementation of the Attorney Service Rules, they said, the judiciary would be free of all forms of partisan politics. Complaint box can be opened online and offline to monitor all aspects of the Judiciary. The Chief Justice will take care of this directly. The same person cannot be a prosecutor for more than two years.

 He also demanded that a separate Judiciary Secretariat should be formed so that the government can not control it.-UNB