The Supreme Court of Bangladesh has published the list of 33 senior lawyers of Bangladesh Supreme Court by one stroke and the same day the outgoing Chief Justice Syed Mahmud Hossain retired. They have been inducted as “Senior Advocates” — the most prestigious position for lawyers of the country to the apex court. The news has come as a big surprise to the lawyers. It took place just before the retirement of Chief Justice Syed Mahmud Hossain as the last parting act. It looked undignified. This could have been done gradually to put seriousness to the assignment of such honour. It now looks less honourable.
Since 50 year of the history of Bangladesh Supreme Court only 68 lawyers were inducted to the status of senior advocates. It needs a background of long experience and reputation as a lawyer of the Appellate Court to acquire the prestige of a senior advocate.
We have nothing against those who been bestowed the honour. Most of them certainly deserve. But the manner of doing this by an outgoing Chief Justice appears very ordinary. His otherwise good image has been affected. Some of them do not even come to court as regular practitioner of law. Few of them have not acquired any stature as High Court Division lawyers. They also are surely feeling not so elated.
But we wish all of those better luck for being so lucky. We also wish all others to devote more to the profession of justice through law. In short we congratulate them all in the hope that they will take up the cause of justice to the best of their ability. Justice is civilisation, it is not just a law profession.
The retired Chief Justice spoke of the need of law for the appointment of Supreme Court judges. This call is welcome. We have been demanding transparency in the appointment of the judges of the highest court. The talk of a law means nothing in our context of running the country where abuse of law is law. Competent judges may make some difference.
We have a democratic Constitution that exists more on being ignored. So far as the rule of law and the Constitution are concerned, we live in an unreal world.
It is a shame to be asked by others to be committed to democracy though we have been struggling from 1948 for democracy. India helped us to be free from Pakistan military oppression. But we have achieved no success in establishing our goal of democracy. Our freedom fighters organised in India though proud of themselves have nothing to say about whose freedom they fought for. We live in fear and are not under protection of law tolerating corruption helplessly.
The government will be happy to see the judiciary not existing. They will not improve the judiciary for fair justice dispensed independently or impartially. The Supreme Court judges can evolve an in-house system open and transparent for recommending to the president for consultation. The last caretaker government passed an ordinance for the Judicial Commission for transparent selection of the Supreme Court judges. The present government killed it silently without attaching any importance.
We sadly note that in the prevailing system even good people cannot remain good. So no law can improve the situation unless good people can be strict to remain good.
