Staff Reporter :
Some Supreme Court lawyers observed in a webinar that there is no avenue for the citizens of the country to get shelter if their fundamental rights are violated now as the activities of the Supreme Court is suspended due to the coronavirus pandemic.
If the Constitution is not suspended and if the fundamental rights are not suspended then the trial activities of the higher judiciary could not be suspended, they opined.
They suggested that, the activities of all courts could be start maintain the social distancing and following the other health guidelines over coronavirus.
Stellar Chambers, a renowned law farm of the country, organized the webinar on Sunday under the banner of “virtual operation of judiciary in Bangladesh” to discuss the potential avenues for the courts to function during this time of global crisis.
Supreme Court Bar Association (SCBA) Secretary Barrister Ruhul Kuddus Kazal and four other Supreme Court lawyers, Barrister Aneek R Haque, Barrister Junayed Ahmed Chowdhury, Barrister Rashna Imam and Barrister Saqeb Mahbub participated in the webinar.The lawyers opined that it is very tough to introduce virtual operation of judiciary in Bangladesh right now as there is no sufficient physical infrastructure and lacking of trained manpower. It is a matter of time.
Barrister Ruhul Quddus Kazal said, “Anything in judiciary will be implemented through the Chief Justice. But there are some limitations in High Court rules to introduce a virtual court in this situation.”
“Constitutional vacuum has been created as the Supreme Court is closed totally,” added the SCBA Secretary.
Barrister Rashna Imam said, “It will be very tough to introduce virtual operation of judiciary in Bangladesh right now. We have many limitations to operate courts virtually. We can only make an academic discussion over the issue. Judges, lawyers and other relevant persons have to be trained to introduce the virtual operation of the courts.”
“But, the judicial activities cannot be stopped for an indefinite time due to the coronavirus pandemic as the Constitution secured a citizen to enjoy the protection of law” she added.
Barrister Aneek R Haque said that the judiciary is an essential service to the citizen of a country like other essential services. But why the judiciary does not being declared as an essential service, he questioned adding that could a state run without a judiciary?
