October 31, 2007, 04:14 PM
Alhamdulillah, at last the judiciary is seperated from the executive. Thanks to the effort of some of country's golden son. May Allah bless all of us especially these golden sons of our country.
October 31, 2007, 04:58 PM
so what would be the benefit here?
October 31, 2007, 06:55 PM
so what would be the benefit here?
from Daily Star
"The much-demanded implementation of the separation of the judiciary is now expected to ensure justice without any hindrance as in the past when justice often used to be delayed and the judiciary process controlled by the government." Full Read (http://www.thedailystar.net/story.php?nid=9805)
October 31, 2007, 06:59 PM
30 years laglo! lol
November 1, 2007, 06:10 AM
As a former justice of the Supreme Court said...
any flaw in the lower courts is now Fully the responsibility of the Supreme Court. Any problem there will now be the problem, fault and responsibility of the whole Supreme Court. Just dispensation of cases and upholding of the law requires honest, upright and morally strong judges. We'll see how this independent Supreme Court upholds the law now.... and we the citizens have most to lose with any failures of the courts.
Personally I was more interested in the following news: Bangladesh has slipped down in the WEF ratings, in every category. The reasons pointed out have a lot to do with the ineptness and inefficiency of the regulatory bodies and bureaucracy. And starting today the Regulatory Reforms Commission (headed by former CTG's ex-advisor Dr. Akbar Ali Khan) is supposed to start working to identify and resolve regulatory problems, etc. Essentially its a commission to make reforms on what hinders Bangladesh's Global Competitiveness.
BUT... as always this commission is going to be pointless because they apparently have no power to enforce reform but just recommend them. Another well intentioned but stunted leg sprouts for Bangladesh!
November 1, 2007, 11:53 AM
Historic day indeed ...
100 years in the making...
November 1, 2007, 07:22 PM
30 years laglo! lol
Not really dude....it took less than a year.
Icha thakley upai hoi
Prev governements never wanted it so it never worked out, simple.
November 2, 2007, 06:03 AM
FINALLY the critical first step towards establishing much needed independence of the Judiciary. WTG CTG, the nation is grateful for your efforts ... :applause:
The next move should be a self-governing ACC and EC ... :)
A self-governing ACC
Autonomy for anti-corruption watchdog is vital
The move to transform the Anti-Corruption Commission into a self-governing body is welcome. In the past many months, especially since the imposition of a state of emergency in the country and a consequent reconstitution of the ACC, the anti-corruption watchdog has made some impressive strides in handling cases of wrongdoing at various levels of politics and administration. However, the increasingly complex responsibilities it will now be expected to carry out call for special skills and competence in order for it to deliver the goods. We hope that in the days ahead the ACC will live up to the expectations reposed in it by the nation.
Indeed, the plan to give the ACC a self-governing character is confirmation of how much more the organisation can be made to produce in terms of performance. As we understand, the ACC's self-governing powers will cover quite a few significant areas. As a first step, the organisation will have the power to appoint individuals to important positions within it on a contractual basis. Its authority to appoint and remove its officials will happily not be interfered with by the executive arm of the government. Such a move, in clear terms, can be regarded as being aimed at empowering the ACC with a degree of autonomy that will smoothen its functions and its ability to carry them out. There can be no denying that a body as vital as the ACC is in need of operational freedom considering the vast remit given to it. Among the changes envisaged in the Anti-Corruption Commission Act 2004 is a grant of financial autonomy to the body. We cannot but note how important such powers will be, considering that they will allow the ACC a good deal more of flexibility than it has enjoyed till now.
There are instances of countries where organisations empowered to handle matters of corruption operate independently of the government. The time has now arrived when the Anti-Corruption Commission should in the larger public interest be ensuring such a role for itself. It remains our expectation that the international standards upon which anti-corruption watchdogs conduct themselves will be those upon which the ACC will base its work as well. Making the Anti-Corruption Commission an institution with the power to delve into every and any area of wrongdoing will surely have a qualitative impact on the process of governance itself. In the long run, an unfettered ACC will be a guarantee of disciplined, responsible behaviour in politics and other areas of social activity.
DS LINK (http://www.thedailystar.net/story.php?nid=9840)
November 2, 2007, 06:49 AM
Hopes run high as judiciary set free
Chief Adviser Fakhruddin Ahmed yesterday inaugurated the Dhaka District Judicial Magistracy and Dhaka Metropolitan Magistracy and said the day will serve as a "glorious milestone" for advancing the rule of law in the country.
He announced the birth of the two separate magistracies--judicial and executive--as the Code of Criminal Procedure (Amendment) Ordinance came into effect yesterday by separating the judiciary from the executive.
The amendment follows a decision by the chief justice of the Supreme Court, in accordance with article 22 of the constitution stipulating the separation.
Flanked by Chief Justice Ruhul Amin and Law Adviser Mainul Hosein, the chief adviser unveiled the inaugural plaques of the two magistracies.
He said there could be initial challenges with the massive task of separating the two branches of power, including staff shortages and physical infrastructure, but the government is determined and sincere to solve the problems.
Fakhruddin also said the separation is not enough to ensure justice and must be complemented by reforms in the police, courts and the legal profession.
He said the caretaker government's tenure is too short to complete reforms in all these sectors, but the "government is resolved to take the process ahead". The government's other main objective is to establish good governance in the country, he added.
The executive magistrates remain a necessary component for maintaining law and order as they are required to set up mobile courts and acquire land, among other matters, Fakhruddin said. He hoped that the judiciary department will remember their responsibilities to the people.
Quoting jurists and political thinkers, Fakhruddin reiterated the importance of the separation of state powers. If the judiciary is subservient to the executive, it will be distracted from justice and more concerned with the wishes of certain authorities, he added.
Also speaking at the ceremony, Chief Justice Ruhul Amin said the previous governments did not fulfil their constitutional obligations by separating the judiciary, but "it is better late than never".
He told judicial magistrates that they have to justify their separation from the executive by restoring public confidence in the judiciary.
"I understand every member of the judiciary is under public duty to administer justice in its trust in minimum time and at a minimum cost," he said, adding that their duty does not end with the enactment of laws and institutions.
He also hoped the executive will play an effective supporting role.
Law Adviser Mainul Hosein said the judiciary was separated to give judges a greater responsibility to uphold justice and ensure good governance.
"The judges have to ensure that people's high expectations about getting speedy justice in easy way does not remain illusive," Mainul said. The independence of the judiciary also makes judges responsible for cleansing the judiciary without "outside intervention", he added.
"The rights and liberty guaranteed by our constitution are useless if the judiciary is not free and independent to protect such rights and liberty," the law adviser said.
"There is no room for partisan bias for fully appreciating the hurdles we have to cross so that we do not fail the nation in securing peace, security and justice for good governance," he added.
Former chief justices Mostafa Kamal, M Habibur Rahman, Latifur
Rahman, Mahmudul Amin Chowdhury, KM Hasan and Syed JR Mudassir Husain were present at the function organised by the Ministry of Law.
DS LINK (http://www.thedailystar.net/story.php?nid=9926)
Festive mood all around
Following the separation of the judiciary from the executive, an independent judiciary started working across the country yesterday amid enthusiasm and high hopes.
Judicial magistrate courts passed a busy day yesterday with a huge number of cases in their hands, holding meetings and people filing cases.
In many places, judges and lawyers celebrated the judiciary separation by cutting cakes and releasing pigeons.
According to the chief adviser's speech, the government created a total of 4,273 posts for the judicial magistracy including 655 posts of judicial magistrate and 3,618 posts of support staff to facilitate an effective and functioning independent judiciary.
The government has already appointed chief metropolitan magistrate, chief judicial magistrate and other judicial magistrates.
In the capital, a total of 15 judicial magistrates started their work under the chief metropolitan magistrate (CMM) and chief judicial magistrate with 97,000 cases on their hands.
Out of the 15 magistrates, 10 will work under Dhaka metropolis and five will work at different police station areas under Dhaka district including Dhamrai, Keraniganj, Dohar and Savar.
Of the 10 magistrates in Dhaka metropolis, one is the chief metropolitan magistrate, three are additional chief metropolitan magistrates and six are metropolitan magistrates.
Out of the 97,000 cases, 91,000 falls under the Dhaka metropolis and the rest under Dhaka district.
Earlier, 25 magistrates worked under the Dhaka metropolitan area and 27 magistrates were working under Dhaka district.
Meanwhile, Dhaka Metropolitan Bar Association yesterday brought out a procession celebrating the separation of the judiciary from the executive.
Judicial work started from 2:00pm yesterday.
Our correspondents from across the country sent reports on the first day activities of the independent judiciary.
District and Sessions Judge Shahidullah inaugurated the newly formed judicial magistrate courts of Barisal following a discussion meeting of the judges and advocates. Barisal district bar association organised the meeting at its auditorium.
Sources said documents of 17,000 cases of 40 upazila magistrate courts of Barisal division have been sent to the newly established 13 judicial magistrate courts and eight special judicial magistrate courts.
Sources said appointments of 21 chief, additional chief and judicial magistrates in the 21 judicial magistrate courts are complete.
These courts include three judicial magistrate courts of Barisal districts with 6,000 cases, two judicial magistrate courts in Jhalakathi district with 1,700 cases, six judicial magistrate courts and four special judicial magistrate courts with 2,500 cases in Patuakhali, four judicial magistrate courts and two special magistrate courts with 1,800 cases in Barguna, four judicial magistrate courts and one special judicial magistrate court with 3,000 cases in Bhola, two judicial magistrate courts and one special judicial magistrate courts with 2,000 cases in Pirojpur district.
Newly appointed eleven judicial magistrates, five for metropolitan courts and six for district courts, started carrying out their duties in the morning, said sources.
Earlier, speakers in a ceremony on the occasion urged people from all cross-sections to cooperate with the judiciary to make the separation meaningful.
Chittagong District Bar Association (CDBA) organised a brief discussion at around 9:30am on the occasion of historic separation.
CDBA President advocate Abdul Kuddus presided over the discussion held at the auditorium of the association office.
Speakers greeted the newly appointed judicial magistrates who were present during the ceremony.
Four Judicial magistrate courts out of a total of 15 started operating on the first day of the separation of judiciary at divisional headquarters of Sylhet with a brief opening ceremony on the premises of the Bar library.
Rafiqul Alam, Additional District and Sessions Judge-I, Sylhet, took over as Chief Judicial Magistrate for Sylhet.
AHM Habibur Rahman Bhuiyan has joined as Additional Chief Judicial Magistrate while AKM Mozammel Haque Chowdhury took over as Senior Judicial Magistrate.
Nazmul Haque has started working as Judicial Magistrate at Zakiganj upazila headquarters.
Courts of an Additional Chief Judicial Magistrate, four Senior Judicial Magistrates and six Judicial Magistrates will be set up soon, official sources added.
Six new courtrooms with necessary logistics support were inaugurated yesterday on the occasion of separation of judiciary.
Chief Metropolitan Judicial Magistrate Mahbubur Rahman, Additional Chief Metropolitan Magistrate Abu Shamim Azad and Metropolitan Judicial Magistrate Arun Chakravarty attended their new offices.
3,444 cases have already been transferred from the court of chief metropolitan magistrate. Of those, 1624 are under trial.
People from all walks of life thronged the district court building as judicial work was going to be held for the first time under the new judicial magistracy court. Judicial work started in Rangamati under the judicial magistracy court.
A meeting organised by the district bar association was held on the court building premises in the morning. Lawyers, journalists, civil society members and professionals attended the meeting.
Activities of the judicial magistracy courts in Bandarban and Khagrachhari districts also started simultaneously, sources said.
On the first day of the separated judiciary, 24 cases were lodged and the courts accepted the cases, sources said.
Around 20,000 under trial cases were also transferred to the judicial magistrate courts from the magistrate courts, the sources added.
At 9:00am, the judicial courts started their activities through offering prayers at the court of Chief Judicial Magistrate SM Aminul Islam.
District bar association held a discussion titled "Separation of Judiciary for Establishing Justice and Good Governance" at its auditorium yesterday with advocate Mahmud Al Noor Tareq in the chair.
The discussants urged the lawyer community to be vigilant to be able to run the judiciary smoothly.
Dinajpur Deputy Commissioner AM Saiful Hasan in a simple ceremony handed over necessary documents to newly appointed Chief Judicial Magistrate M Zahidul Islam.
AKM Fazlul Haque, additional chief judicial magistrate, M Rezaul Karim, judicial magistrate, Kazi Hasan Ahmed, ADC general and Abul Basar, ADC revenue, were present among others during the handover.
District and Sessions Judge Ashish Ranjan Das inaugurated Satkhira District Judicial Magistracy.
Satkhira District Bar Association organised a discussion and brought out a procession that marched through the main streets of the town.
Judges and lawyers of the town yesterday celebrated the separation judicial by freeing pigeons and cutting a 15-pound cake.
A discussion meeting was arranged at Bar Library with Advocate Mofazzel Hossen in the chair. District Sessions Judge Abdul Majid was chief guest and Chief Judicial Magistrate Kazi Golam Sarwar was special guest of the discussion.
DS LINK (http://www.thedailystar.net/story.php?nid=9937)
Who says we CAN'T ? ... :)
November 4, 2007, 09:02 PM
Definitely I am heavily moved by this action from CTG. Now it will ripen jealousy to fellow country men of neighbouring SAARC countries as Justice is still a shackle for them and a weapon for the ruling bodies to tame the wild horse of protests through prosecutions.
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