Keep the abode of justice above politics

The citizens are saddened by the controversies centering the recent appointment of the Chief Justice. The President of the country has the prerogative/authority to appoint the Chief on the basis of his best judgment, of course, based on information and records of the persons concerned. The President may be a party-man, but once he is the President, he is no longer a party-man and the country expects the President to play his just role strictly on the basis of his conscience and according to the provisions of the constitution. So, there is no necessity to enter into the argument of a party-man. There have been enough of politics in all areas of country's affairs; let us spare at least this highest seat of justice.

As the Judges are appointed and not promoted, seniority is not the only criterion. That probably led to the appointment of other Justices earlier who were reportedly junior to the present Chief Justice at the level of the High Court Division of the Supreme Court and this gave rise to the political controversies. Now the government's view is that the 'wrong committed earlier has been righted by appointing the present Chief Justice' meaning thereby that the present Chief Justice was senior to other two Justices appointed earlier.

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Here one point appears important. High Court is a Division of the Supreme Court as Appellate Division is. Therefore, one should retain his seniority in the overall seniority list of the Judges in the Supreme Court regardless of some one's appointment to another Division which, however, happens to be a higher division. The seniority may change in the event of promotion, but in the Supreme Court whether it's High Court Division or Appellate Division, it's always an appointment. So, one feels that seniority should continue to remain undisturbed in the overall list of all the judges of the Supreme Court regardless of their appointments in these Divisions unless there is specifically something contrary to this in any seniority rule of the Supreme Court.

There may be other guidelines for such selections and appointments, seniority should, however, be an important criterion to avoid controversies in such sensitive posts. Of course, there are cases of adhoc selections and appointments of Chief Justices. One senior lawyer told me that Manzur Quader who was the Advocate General of Pakistan was selected and appointed directly as the Chief Justice of the Supreme Court.

It is absolutely necessary to keep appointments of the Judges of the highest court of the land outside the politics of the country. Therefore, there should be a special council of Judges headed by the Chief Justice even for ad-hoc appointments of the judges of the High Court. And to avoid political controversies, the recommendations of the Chief Justice on confirmation of Judges should be followed. It is obvious that the Chief Justice makes recommendations on his own assessment of the performances of the Judges. The last proposal by Bar Association headed by Barrister Rokonuddin Mahmud for a meeting with the Prime Minister alone with the Chief Justice deserves serious consideration. Bar Association's demand to resolve the present crisis to the satisfaction of all concerned in order to restore the fast eroding confidence of the people in the judiciary should have support of all regardless of political affiliations.

So far as the present Chief Justice is concerned, the fact remains that Justice K.M. Hasan was appointed as the Chief Justice. It was expected that he would be warmly welcomed by all and particularly by the Bar Members. Chief Justice knows what he is and also knows that every judgment of his will be watched by the people and above all by the Almighty Allah. Barrister Rokonuddin Mahmud, Bar president, while welcoming the Chief Justice reportedly made some remarks which a lawyer of very high standing could have avoided keeping in view the solemness of the event. Drawing the instance of one of his predecessors who became the Chief Adviser to a caretaker government (this provision has apparently brought in an element of politics into the system), Barrister Rokonuddin said, "We don't expect it from you and your verdicts did not have political reflections". If his verdicts did not have political reflections, why did Barrister Rokonuddin have to mention such an embarrassing mater at all while welcoming the Chief Justice? One feels that it was also not necessary for him to say that 'Justice Hasan was not made Chief "Justice as the most senior Judge of the Appellate Division" [Ref: the Daily Star, June 24, 2003].

Every individual is entitled to his political views, but there should be places where one has to keep aside his political views and affiliations, if any, and act impartially as per law of the land. This is more so for those who work in the highest seat of justice. But unfortunately, one feels that things appear less than desirable in the Supreme Court premises. It appears from the events of the last couple of years that some Bar members tried to use the Bar as a platform for promoting their political aims and ambitions. But our understanding, as citizens of the country is that when a lawyer wears a "gown" he becomes a non-political man as long as he is in the court premises. This, however, does not mean that he would accept any injustice committed there. But again, a lawyer who is expected to respect the venue which happens to be a court and the "gown" which is a symbol of honesty and impartiality could raise objections in a manner that befits his profession and status. Otherwise, one cannot distinguish court premises from Paltan Maiden.

We also know that many of the Bar members do try to act non-politically and do what is required of them, but some others appear to act differently and often are led by their political constituencies. We hope and pray that the latter group of members would restrain themselves for the sake of this highest institution and justice.

Muslehuddin Ahmad is a former Secretary and Ambassador and Founder Vice-Chancellor of North South University. He is also the Chairman of Civic Watch-Bangladesh.