Tajul Islam Miajee :
Among the three important organs of the State, judiciary is empowered to detect the errors committed by the two other organs. The three organs are interrelated as well. Legislature and the Executive organs exercise power conferred on it by the Legislature. The judiciary interprets law and dispenses with justice between the individulas and between the individuals and the State. So each and every organ of the state should have harmony with one another without interference, within the parametre of the constitution. As a result we should bear in mind that the Hon’ble Judges are not sub-ordinate to the ministers, bureaucrats or any political leader. So the independence of judiciary means free from influence and control of the legislative and executive organs.
According to Lord Beacon, a Judge is required to be honest, judicious and impartial during disposal of disputes.
The appointment process of the Judges of the apex court has been laid down in our constitution in the Article 95(1) that; the Chief Justice shall be appointed by the President and other judges shall be appointed by the President after consultation with the Hon’ble Chief Justice. But it is very unfortunate that we have failed to find any criterion or provision for appointment of Judges long after 43 years of Liberation War.
Although no body raised any question for removal of the Judges by abolishing the Supreme Judicial Council, but the present Government willingly involves itself in a controversy relating to the impeachment of judge, which is unwarranted.
As a lawyer of the Supreme Court of Bangladesh, I have a suggestion to the Government for reforming the Supreme Judicial Council for removal of the judges, which will consist of 7 (seven) members i.e. the Hon’ble Chief Justice of Bangladesh, one of the Senior Appellate Division Judges, one Senior most Judge of the High Court Division, Chairman and Vice-Chairman of the Bar Council and President of the Supreme Court Bar Association and Chairman of Law Commission. That, the Law Commission Chairman should be appointed from among the experienced practicing lawyers of the Supreme Court Bar Association and his age in no way will be less than 50 years and not more than 67 years.
So, for upholding the independence of Judiciary it is needed to; (a) Reform an active and operative Supreme Judicial Council which will consist of 7 members as stated above.
(b) Article 115 and 116 of the Constitution of the People’s Republic of Bangladesh must be amended for appointment, promotion and transfer of the Judges and the power should be conferred upon the Supreme Judicial Council and Supreme Judicial Council will recommend promotion of Judges to the Hon’ble President of the Republic after scrutinize their previous records and function.
(c) At the time of appointment of Judges of the Supreme Court, Supreme Judicial Council will examine the previous records of those persons, who desire to be Judge of the Supreme Court.
The Judges must be talent, honest, impartial and experience in law of the country. So we should uphold the Supremacy of the Constitution and as well as of the Supreme Judiciary by establishing an active Supreme Judicial Council.
[Tajul Islam Miajee is an Advocate of the Supreme Court of Bangladesh]
